Case Note & Summary
The appellant, Ghat Talab Kaulan Wala, a trust, filed a suit for mandatory injunction against Baba Gopal Dass, who was a Sevadar (servant) of the temple, seeking his removal and rendition of accounts. The trial court decreed the suit in part, granting rendition of accounts but not mandatory injunction. The first appellate court reversed, ordering removal of the Sevadar. The respondent filed a second appeal in the High Court, which set aside the decrees, holding that the suit was not maintainable without leave under Section 92 of the Code of Civil Procedure, 1908, and that the plaintiff failed to prove the trust was a public trust. The Supreme Court allowed the appeal, holding that Section 92 applies only to suits against a trust, not suits by a trust. The Court noted that the defendant had admitted in a previous suit that he was a Sevadar and the property belonged to the trust. The High Court's finding on the first substantial question of law was set aside, and the suit was decreed. The Court also held that the legal representative of the deceased Sevadar does not inherit the right to serve the temple and that the decree for rendition of accounts could only be executed against the deceased defendant.
Headnote
A) Civil Procedure - Maintainability of Suit by Trust - Section 92 CPC - Suit by Trust against Sevadar - Section 92 of the Code of Civil Procedure, 1908 applies only to suits against a trust for breach of trust, not to suits instituted by a trust. The High Court erred in holding that leave under Section 92 is mandatory for a suit by a trust. The suit by the trust for mandatory injunction and rendition of accounts against a Sevadar is maintainable. (Paras 10-13) B) Trust Law - Sevadar - Removal of Sevadar - A Sevadar is a servant of the trust and is liable to be removed if he asserts hostile title or fails to keep regular accounts. The statement of the defendant in a previous suit admitting that he is a Sevadar and that the property belongs to the trust is binding. (Paras 3-5) C) Civil Procedure - Legal Representative - Inheritance of Service - A legal representative of a Sevadar does not inherit the right to serve the temple. Ram Niwas, claiming to be Chela of deceased Sevadar, was only impleaded to represent the estate and has no larger interest than the original defendant. (Paras 8-9, 12)
Issue of Consideration
Whether a suit filed by a trust against its Sevadar is maintainable without complying with Section 92 of the Code of Civil Procedure, 1908.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order on the first substantial question of law, and decreed the suit. The Court held that the suit by the trust is maintainable without leave under Section 92 CPC, and the decree for rendition of accounts stands, though it can only be executed against the deceased defendant.
Law Points
- Section 92 CPC applies only to suits against a trust
- not suits by a trust
- Sevadar is a servant of the trust and can be removed for hostile title or failure to render accounts
- Legal representative of a Sevadar does not inherit the right to serve the temple.
