Court : Mumbai
Reported in : (1949)51BOMLR9
Madhavan Nair, J.1. This is a consolidated appeal resulting from the consolidation of two appeals, Appeal No. 5 of 1942 and Appeal No. 6 of 1942, from two decrees of the High Court of Judicature at Allahabad dated October 28, 1941, which affirmed two decrees, one of the Court of the Special Judge, First Class, Shahjahanpur, and one of the Court of the Civil Judge, Shahjahanpur, both dated January 14, 1939.2. Appeal No. 6 of 1942 arises out of a suit (Suit No. 2 of 1938) instituted by appellant No. 1 and one Fida Ali Khan, on whose death appellants Nos. 2 to 5 were brought in as his representatives for the recovery of certain property in the Shahjahanpur district. Respondents Nos. 1 to 4 hereinafter called the Mahbub brothers, and their respective wives Nos. 5 to 8, to whom they had purported to transfer parts of the said property, were the defendants in the said suit. The suit was dismissed by the Civil Judge, Shahjahanpur, and the dismissal was confirmed by the High Court on appeal.3....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR1
John Beaumont, J.1. This is an appeal from a judgment and decree of the High Court of Judicature at Bombay, dated August 31, 1939, affirming a judgment and decree of the District Judge, Dharwar, dated August 5, 1937.2. The appeal arises out of a suit filed by the respondent and three others under Section 92 of the Code of Civil Procedure for a declaration that a certain institution known as Shri Sidhaarudha Swami Math was a public trust of a religious or charitable nature, for the framing of a scheme in connection with the institution, and for the removal of the appellant from his position as the head of the institution on the ground that he is unfit to occupy that position, and for consequential relief. The Shri Sidhaarudha Swami Math would be more accurately described as a Temple than as a Math, but it has been referred to as a Math throughout the proceedings, and will in this judgment be called 'the Math.'3. The facts relating to the foundation of the Math and the acquisition of the...
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