Kolkata Court March 1921 Judgments

Venku Chettiar and ors. Vs. Doraisami Chettiar and ors.

Court: Kolkata

Reported in: 62Ind.Cas.761

1. The main point argued by the appellant is really settled against him in this Court. It has been consistently held that Section 92 of the Code of Civil Procedure only governs suits for the vindication of the rights of the public in public charitable trusts, and not suits for vindicating the plaintiff's right of management and getting possession for the purpose of management of the trust properties. Following the decision in Appeal No. 368 of 1919 we hold that a suit by a trustee against a person whom he alleges to have been lawfully dismissed is nonetheless outside the scope of Section 92 because it asks for an account of the trust money received and payment of the amount due. It. is sought to distinguish that case on the ground that the plaintiff has in his plaint claimed to sue on behalf of the community. This is not so; be claimed as trustee to recover the property to be vested in him on behalf of the temple and for the common interest of the village: this simply means to be veste...