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1920 (11) TMI 1

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..... e Buldana District. The Rajas of the family, who are at present represented by the Appellant Raja Anand Rao, were the hereditary keepers of this shrine. Certain mismanagement had taken place in the lifetime of the father of the present Raja and a suit was then instituted by certain of the worshippers at the temple, their application being for the appointment of new trustees and the removal of the .....

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..... hat the Court might settle a proper scheme of management. During the progress of the proceedings, the old Raja had died and therefore there was no more question of removing him. The Court, after inquiry before the District Judge, held that as a matter of fact the sansthan was a public, charitable or religious trust and rejected the contention that it was private property of the Raja's family. .....

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..... and their Lordships think it quite clear that, although the application as framed may have been for the appointment of new trustees, yet when they came before the Deputy Commissioner and explained the matter it was quite within his power to grant the sanction as he has granted it. 2. The next point that is put is that when the sanction says: I grant them permission to institute a suit under S .....

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..... merits of the question the Appellant is unfortunately faced with the fact that there are concurrent findings on what in the circumstances of this case is a question of fact and nothing more, namely, whether there was a public trust or whether it was a private matter of the Raja's family. 4. For these reasons their Lordships will humbly advise His Majesty that this appeal should be dismissed .....

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