Law: Civil Procedure Code (V of 1908)

Section:

  Civil Procedure Code (V of 1908), O., VIII, r. 1-Written statement-Cannot be an exhibit if defendant dies without being examined.   Civil Procedure Code (V of 1908), S. 92-Suit to establish right of a temple to property in hands of strangers or alienees from temple authorities-Section not applicable. Kalyana Venkataramana Ayyangar and another v. Kasturiranga   Ayyangar I L R 40 Mad. 212 fol.   Civil Procedure Code (V of 1908), S. 92 (1), cl. (h) & cls. (a) to (g)-Clause (h) must be read along with clauses (a) to (g) and not separately.   Civil Procedure Code (V of 1908), S. 92 (2)-Does not mean that all suits for breach of trust must be instituted in conformity with S. 92.   Specific Relief Act (I of 1877), S. 42-Plaintiff not admitting defendants possession or his right to possess-S. 42 not attracted-Scope of suit to be determined with reference to allega tions" in plaint and not written statement. JUDGMENT   CHOWDHURY, C. J.-This appeal is by defendant No. 2. It arises out of a suit filed by the plaintiffs on their own behalf as well as In their representative character under Order I, rule 8 of the Code of Civil Procedure for a permanent injunction restrain ing defendants Nos. I and 2 from erecting any but or structure on the disputes land which is said to be the property belonging to a Hindu religious trust.   Plaintiffs' case, shortly stated, is as follows: -   The land described in the schedule of the plaint was made a gift of by one Hemendra Narayan Roy Chowdhury of Pirgacha for the purpose of establishing a Dharma-sava in favour of one Ashutosh Lahiri. who erected buildings and procured all other materials for the purpose by local subscriptions and made a trust of the entire property relinquishing his own interest by a deed of trust in which Jadaveswar Tarkaratna, Raja Janaki Ballav Sen and Armada Prosad Sen were the first trustees. They got possession of the properties and acquired the right as trustees on the basis of the trust deed. Under the rules framed in terms of the trust deed an executive committee was elected and Babu Dina Taran Lahiri was elected Secretary of the committee. In course…