A.P.SEN, R.K.TANKHA
GAJADHAR – Appellant
Versus
RAJRANI – Respondent
( 1 ) THIS appeal, filed by the plaintiff, is directed against a judgment of the additional District Judge, Jabalpur Camp Katni dated 15th October, 1973, dismissing the plaintiff's suit for the proper management of a private trust. The suit out of which this appeal arises, was brought by the appellant Gajadhar, as plaintiff, against the respondent-defendants No. 1, Mst Rajrani widow of bhaironprasad. founder of the trust and No 2, Arjunsingh, one of the two trustees appointed by him, seeking the following among other reliefs-- (i) for the appointment of new trustees and for delivery of possession of trust property to them, on removal of the defendant No. 2 Arjunsingh, as a trustee, and (ii) for a mandatory injunction directing the respondent-defendants to restore back the deities Sri Radhakishan and Sri Laxminarayan from village Khera to village badhaiya-Khera, i. e. the place of their original abode.
( 2 ) THE plaintiff's suit was brought on the allegation that his brother bhaironprasad, the creator of the trust, had by trust-deed dated 14-4-1934, Ex. P-1, constituted a private trust, by dedicating 35 acres of bhumiswami land and a house in village Badhaiya-Khera, to
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