Which of the following are instances of suits for a declaration and for possession of trust properly...........

Civil Procedure Code (CPC) 1908 Attachment and Sale of property

Which of the following are instances of suits for a declaration and for possession of trust properly against third persons, that is, strangers to the trust?

I. A suit for the declaration that property belongs to wakf can be maintained by Mahommedan interested in the wakf without the sanction of the Advocate- General

II. A suit by the disciples of a mutt for a declaration that the defendant was not the duly appointed successor to the late head of the mutt, and that he was in posses¬sion under a false claim of title, and for evicting the defendant from the mutt properties

III. A suit for a declaration that a certain piece of land of which it was alleged that the defendants had taken wrongful possession was a public graveyard and for the eviction of the defendants from the land

IV. A suit to set aside an alienation of trust property alleged to have been wrongfully made by the trustees and for the recovery of property from the alienee

V. A suit by the trustees of a temple against the manager and treasurer of the temple for accounts and for a decree for what may be found due on taking such accounts

VI. A suit by the newly appointed trustees of an imambara for possession of the imambara against a former trustee who has been dismissed

I, II, IV

Ill, V, VI

II, V, VI

All of these

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Explanation:

Let's analyze each statement:

- I. Concerns a suit for declaration regarding wakf property by a person interested in the wakf, not necessarily against a ‘stranger’ but still for declaration. However, the defendant may not always be a stranger.

- II. Disciples suing an illegitimate successor for declaration and possession—this is against someone who is a stranger to the rightful title.

- III. Suit for declaration and possession (eviction) against people in wrongful possession—these are strangers.

- IV. Suit for setting aside wrongful alienation and recovering property from alienee—a third party/stranger.

- V. Trustees suing a manager/treasurer for accounts—these are internal disputes, not against strangers.

- VI. New trustees suing a former trustee after dismissal for possession—also not against a ‘stranger’, as the former trustee was part of the trust.

Analyzing options:

- Option 1: Only I, II, IV—misses III, which is also against strangers.

- Option 2: Only III, V, VI—V and VI are internal disputes, not against strangers.

- Option 3: II, V, VI—again, V and VI are not against strangers.

- Option 4: All statements—this includes V and VI, which are not suits against third parties but internal disputes.

Most correct:

- Only II, III, IV are really “instances of suits for a declaration and for possession of trust property against third persons, that is, strangers to the trust”.