The Court then proceeded to set out the clauses of the scheme of administration of the trust.
A decree was drawn up by the District Court companytaining the directions pursuant to the judgments dated September 12, 1955 and October 14, 1955.
Against the order passed by the High Court with certificate granted under Article 133 1 a of the Constitution this appeal has been preferred.
The trial Court by order dated September 12, 1955 passed the following order I decree the suit declaring the property in suit to be trust property for public purposes of charitable and religi us nature and order the removal of all the defendants from the office of Sarvarskar and the trustees and direct the appointment of Board of new trustees as detailed in the following scheme for management The defendant No.
The High Court in appeal set aside the order appointing the appellant as manager of the trust and further directed that an account be taken from the appellant for the period of his entire management.
1 is directed to render accounts of the income and expenditure of the trust property of the last six years to the new Board of trustees in whom the entire trust property shall vest.
Thereafter, by order dated October 14, 1955, the Court pasted a supplementary order, part of which was by companysent and the remaining being an adjudication of the Court.
Against the order by the District Court, an appeal was preferred to the High Court of Allahabad.
Sri Ajodhia Prasad, 3.
Sri Sri Narain, Advocate, 2.
For giving effect to the last direction, the High Court ordered that the case ol Durga Prasad may also be companysidered and his appointment as Secretary be set aside.
The Court set aside the order of the District Court dated October 14, 1955 appointing the appellant as the Manager of the trust and directed the District Court to take steps to appoint another Manager, out of the remaining trustees.
2, 3 and 4 from the office of trusteeship, for appointment of new trustees, Sarvarskar and Manager and for an order against the appellant directing him to render an account of the income and expenses of the trust property during his period of office and for framing a scheme for the management of the trust.
Sri Durga Prasad, 4.
Should Adjodhia fail to perform his duty honestly, the Board shall have the power to frame bye 1aws to curtail his powers.
Sri Puran Chand, and 5.
Sri Hari Har Gaur, Vakil.
In accordance with the companysent of parties, Sri Sri Narain, Advocate is hereby appointed as the President of the Board of Trustees, and then proceeded to order As there is a dispute between the parties regarding the post of Manager and Secretary, the Court, therefore, having taken into regard the benefit of the trust, appoints Adjodhia Prasad as the Manager and Durga Prasad as the Secretary of the Board of Trustees.
C. Shah, C.J. Sangam Lal and Ganga Narain as realtors filed suit No.
5 of 1954 in the District Court of Kanpur for an order removing Ajodhia Prasad, appellant in this appeal from the office of Sarvarskar and the managership of the trust described in the plaint and from order removing defendants Nos.
