JUDGMENT

Niamatullah, J. - The suit out of which the present appeal has arisen was brought by the plaintiff-appellant Mahadeo Bharthi in the Court of the Subordinate Judge, Ghazipur for a declaration that the property specified in list A annexed to the plaint is his private property in absolute ownership, and in the alternative for a declaration that it is not held in trust created for public purposes of a charitable or religious nature governed by Act 14 of 1920. It was necessitated by an order, dated 31st August 1925, passed by the District Judge of Ghazipur u/s 5, Act 14 of 1920(Charitable and Religious Trusts Act) declaring the property in dispute to be held in trust of a charitable and religious nature existing for public purposes. Madho Rai alias Mool Bharthi and Sheo Prasad Pandey, the respondents to this appeal, were impleaded as defendants to the action, as the aforesaid order was obtained by them on their application for examination of accounts of the alleged trust property.

2. The defendants put forward two main defences, viz.: (1) that the suit is not maintainable in view of the order of the District Judge, dated the 31st August 1925, already referred to, and (2) that the properties in question are in fact held by the appellant in trust for public, charitable and religious purposes, being dedicated to Math of. Sanyasis at Nasirpur The lower Court ruled that the suit before it was not barred by the order of the District Judge, but held on the merits that the trust set up by the defendants has been established. The plaintiff's suit was accordingly dismissed.

3. At the hearing of the appeal the plea in bar of the suit was reiterated by the defendants. This being in the nature of a preliminary objection going to the root of the case should be first examined, and the appeal can be considered on facts if that plea fails. On a careful consideration of the provisions of Act 14 of 1920, I am of opinion that the plea has no force. The object of the Act is:

to provide a more effectual control for the administration of charitable and religious trusts.

4. The scope of the Act as stated in the preamble is:

(1) to provide facilities for the obtaining of information regarding trusts created for public purposes of a charitable or religious nature and (2) to enable the trustee of such trusts to obtain the directions of a Court on such matters and to make special provision for the payment of the expenditure incurred in certain suits against the trustees of such trusts.

5. Section 3 enables one interested in the trust to obtain from the Court an order:

(1) directing the trustee to furnish the petitioner through the Court with particulars as to the nature of objects of the trust and of the value, condition, management and application of the subject matter of the trust, and of the income belonging thereto, or as to any of these matters, and (2) directing that the accounts of the trust shall be examined audited: Provided that no person shall apply for any such direction in respect of the accounts relating to the period more than three years prior to the date of the petition.

6. The petition shall specify, as far as may be, the particulars of the audit which he seeks to obtain (S. 4). The Court, if satisfied prima facie that the alleged trust exists, shall fix a date for hearing, calling upon the trustee to show cause. Section 5(1),

5(2) On the date fixed for the hearing of the petition... the Court shall proceed to hear the petitioner and the trustee, if he appears,... and shall make such further enquiries if any as it thinks fit. The trustee may and, if so required by the Court, shall at the time of the first hearing or within such time as the Court may permit present a written statement of his case.... (2) If any person appears at the hearing of the petition and either denies the existence of the trust or denies that it is a trust to which this Act applies, and undertakes to institute within three months a suit for a declaration to that effect a