The Code of Civil Procedure. Act V of 1908 With A Full and Exhaustive Commentary

Cases where it amounts to removing a trustee—According to a Madras case a suit by the trustees of a temple for a declaration that the appointment by the Devasthanam Commi7 ttee of the defendant as a trustee in place of a deceased trustee is invalid and for an injunction to restrain him from interfering with the management of the temple is in effect a suit for the removal of the defendant from the [...] The Dhormaarta of a Ifindu temple (7) the Acharga of a temple (8) the head of a matt (9) and a mohunt (10) are constructive trustees withhi the meaning of this section and may be sued as such The manager of a Hindu temple is by virtue of his office the administrator of the property attached to it with regard to which he is in the position of a trustee. [...] Clause (d)—Directing accounts and enquiries—Under the corresponding section of the Code of 1882 the Bombay High Court held that a suit to remove the trustees of a public charity and to compel them to account and to make good the losses sustained by the charity by reason of dafault on the part of the trustees and for the appointment of new trustees was a suit within that section though a relief [...] a suit for framing a scheme for a mosque and for removal of the defendants from their trusteeship it appeared that the defendants had not applied the hum granted for the mosque in the proper manner and that they had denied the title of the mosque to the inam the defendants ought not to be allowed to continue to manage in the same way as before and it was a fit case to frame a scheme for the mana [...] In a scheme suit in respect of a temple a person who has contributed to the funds of the temple and is a worshipper at the shrine has sufficient interest to be the plaintiff (5) and the person who is the heir at law and is in possession of the property has an interest in the trust and is a proper party to such a suit (6).