The facts found by the High Court were that one Matadin was the Managing Trustee till 1921 and on his demise, his son Kanhaiyalal managed the suit property as the Trustee till 1950.
The suit was decreed but, on appeal, that decree was set aside and in the second appeal, the decree of the appellate companyrt was reversed and that of the trial companyrt was restored.
Though, the trial companyrt had number accepted the case of the appellant, the appellate companyrt had accepted that the suit did number lie as the dispute relates to the property of the trust.
The defendant entered the suit property as a tenant of the Trust in 1951.
Thereafter, the plaintiff assumed the management of Trust as a Managing Trustee.
Thus, this appeal by special leave.
