BIHAR STATE BOARD OF RELIGIOUS Vs. RAJ RATAN GIR

JUDGEMENT

(1.) This appeal by the defendant first party, the Bihar State Board of Religious Trusts, hereinafter referred to as 'the Board' arises out of a suit for a declaration that the properties described in schedule B of the plaint were private Trust property of the plaintiffs and defendant No. 2 and were not 'trust property' appertaining to a 'religious trust' as defined in Sections 2(P) and 2(L) respectively of the Bihar Hindu Religious Trusts Act, 1950, hereinafter referred to as 'the Act' and for a further declaration that the order dated the 30th May, 1958, passed by the Authority appointed under Section 43 of the Act was without jurisdiction and not binding on the plaintiffs.

(2.) Briefly stated, the plaintiff's case was that one Damodar Gir had four sons, Radha Kishan Gir, Mahabir Gir, Narsingh Gir and Tej Nandan Gir. The plaintiffs and defendant No. 2 Surajbhan Gir are sons of Mahabir Gir. Radha Kishan Gir died issueless and Tej Nandan Gir died leaving his widow Ghiodharo Kuer and a minor son Brijbhan Gir. On the 20th September, 1921, aforesaid Narsingh Gir, one of the sons of Damodar Gir, and Brijbhan Gir, the minor son of Tej Nandan Gir deceased, instituted Partition Suit No. 191 of 1921, claiming eight annas share in serveal items of properties including the properties comprised in Schedule B of the plaint of the present suit. The said partition suit was decreed by the trial court, but an appeal, being First Appeal No. 41 of 1923 was preferred against the decree, to this Court. That appeal was disposed of in terms of a compromise which was duly recorded and was directed to form part of the decree of this Court. Some of the terms of the said compromise were as under;

(3.) That all the descendants of Damodar Gir in the male line and their descendants in the male line from generation to generation shall be the trustees thereof and Mahabir Gir shall be the manager of the Math.