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1957 Supreme(MP) 231

M.HIDAYATULLAH, B.K.CHOUDHURI
Kamalnarayan Ramsaranlal – Appellant
Versus
Ram Kishorelal and Anr. – Respondent


Advocates Appeared:
D.T.MANGALMURTI, M.R.BOBDE, N.B.CHANDURKAR, P.R.DAS, P.R.Padhye, R.K.Pandey, W.M.MUKASDAR,

JUDGMENT :

( 1. ) THE appellant Kamalnarayan was the defendant in the Court below. The present suit was filed by the two respondents Ram-kishorelal and Ramamijlal for a declaration that the defendant Kamalnarayan had committed breaches of a public trust in respect of a village called Telibandha, which it was alleged had been endowed to Shri Ramchandraji Deosthan, Dudadhari Math, Raipur, and for a further declaration that on account of those breaches the defendant Kamalnarayan had rendered himself liable to be removed from his post as sarbarakar or trustee of the said Deosthan, and for his removal. They also asked the Court to direct the defendant to render accounts of the said endowed Property from 1936 up to date and also for a direction that the sum which the defendant had received from the sale proceeds of the land situated at Telibandha amounting to Rs. 1,06,774-1-0 be deposited in Court. The plaintiffs also requested the Court that Ramkishorelal (plaintiff No. 1) be appointed sarbarakar in place of Kamalnarayan.

( 2. ) THE suit purported to be one under Section 92 of the Code of Civil Procedure read with Section 6 of the Charitable and Religious Trusts Act, 1920. Previous to the


























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