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1917 Supreme(All) 24

P. C. BANERJI, RYVES
Siddhan Lal – Appellant
Versus
Gauri Shankar – Respondent


JUDGMENT

1. This appeal arises out of a suit brought u/s 92 of the Code of Civil Procedure. The facts are these. One Ganga Din executed a document on the 2nd of June 1909 purporting to be a deed of gift of certain property belonging to himself in favour of the idol Sri Raugji Maharaj. By that document he clearly made an endowment of his property for the maintenance of the temple of Thakurji and also for the establishment of a Sanskrit patshala. He also provided in the document for other matters which the trustees nominated by him would have to carry out in connection with the endowment and declared what expenditure should be incurred in relation thereto. There can be no doubt that under this document an express trust was created for religious and charitable purposes. In this deed of trust he nominated himself as the first manager of the trust and named three persons, namely, Siddhan Lai, Raghubar Dayal and Jhamman Lai as his successor in the office of manager after his death. On the 2nd of February 1911 he executed another document under which he nominated Siddhan Lai, Jugal Kishore and Maiku Lai to be managers in the place of the three persons named above for the management of the

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