R.L. Anand, J. - (1.) THIS is a Civil Revision and has been directed against the order dated 5.8.1997, passed by the learned Civil Judge (Sr. Division), Ferozepur, who, dismissed the objections of the petitioner by holding that on 22.9.1983 a permission was granted to the plaintiff to file the suit under Section 92 of the Code of Civil Procedure.
(2.) SOME facts can be noticed in the following manner. S/Shri Mool Chand Budhwar and Lalit Kumar filed a suit under Section 92 C.P.C. against Shri B.N. Budhwar and Mrs. Shakuntala Budhwar in respect of trust property Sarai Nagar Mal Budhwar situated near Adda Malwa Bus stand bearing Municipal No. ES/23/20, 21, 22 outside Delhi Gate, Ferozepur and the allegations of the plaintiffs were that the property referred to above is a trust property known by the name of Sarai Nagar Mal Budhwar and defendants have committed the breach of the trust and, therefore, they are liable to account for the income of the trust and also some arrangement should be made with regard to the properly. Notice of the suit was given to the defendants. The suit was contested by inter alia pleading that plaintiffs have no locus standi to file the suit ;that Sarai Nagar Mal is not a public charitable trust but is a private charitable Trust and earlier the property was being managed by Shri R.D. Budhwar and after his death it was being managed by Shri R.N. Budhwar. The prop - erty was never managed by the public. It was also pleaded by the defendants that since the plaintiffs had no longer any interest in the management of the property, therefore, the permission should be granted to them to file a suit under Section 92 of the Code of Civil Procedure. The learned trial Court framed the following issues for the disposal of the suit : - 1. Whether Sarai Nagar Mal situated in Ferozepur City is a public charitable trust ? 2. Whether defendant No. 1 has committed breach of trust as stated in para No. 4 of the plaintiff ? OPP 3. Relief.
(3.) THE parties were given the opportunities to lead evidence and on the conclusion of the proceedings, vide judgment dated 6.9.1985, the Court of Senior Sub Judge, Ferozepur, decreed the suit against the defendants and defendants were removed from the trustees of Sarai Nagar Mal and it was ordered that Shri Mool Chand Budhwar and other trustees shall manage the affairs of the Sarai Nagar Mal and the defendants were given two months time to hand over the possession of the Sarai/disputed property to the plaintiffs and the defendants were further directed to render the accounts failing which the possession could be taken in the execution proceedings. It was also ordered by the trial Court vide order dated 6.9.1985 that the plaintiffs can submit as application for the appointment of permanent trustees and the same would be done during the execution proceedings after inviting objections if any. It was further ordered that plaintiffs shall submit a draft scheme for the approval of the Court for the management of the Sarai property.;