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Co-Trustee Dispute in Religious Trust

Fox & Mandal Co-Trustee Dispute in Religious Trust

Maharaj Bahadur Singh … Appellant

Versus

Tej Bahadur Singh … Respondent

Decided on March 13, 1940, [Last Heard on: 13.03.1940]

 

The case involves a dispute between co-trustees in a trust meant for religious and Jain purposes. A, who is the B’s son, claims that the B has mismanaged the trust properties, treated them as his own, neglected their maintenance, and not followed the trust’s objectives. A seeks an account of B’s actions, an injunction against interference with A’s role in management, and potentially a receiver. B denies the allegations and attempted to have the case dismissed through a demurrer, which was rejected by the court. The court held in the favour of Appellant, represented by Fox & Mandal that if the B indeed had sole control over trust properties, he was not acting properly as a trustee, and the case should proceed to determine the allegations. B’s claim that A had relinquished his trusteeship was left to be addressed during the trial. The appeal against the dismissal of the demurrer was rejected, affirming the trial judge’s decision.

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