Section 92 CPC relief limited to statutory breach or administration issues; trust-property declaration cannot stand alone.

A suit under Section 92 CPC must fit the statutory scheme for public religious or charitable trusts, with reliefs confined to breach of trust or directions for administration. Where concurrent findings showed no proved breach and no need for administrative directions, the foundation for Section 92 relief failed. In that situation, a bare declaration that the suit properties were trust properties could not be added as an independent or lesser relief, because any unnecessary finding on trust character was only incidental and not part of the operative decree. The declaratory portion was therefore struck out, while the dismissal of the suit otherwise remained undisturbed.

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Issues: Whether, in a suit under Section 92 of the Code of Civil Procedure, a declaration that the suit properties were public religious and charitable trust properties could be incorporated in the decree after the courts concurrently found no breach of trust and no necessity for directions regarding administration.

Analysis: A suit under Section 92 is maintainable only where the pleading and reliefs conform to the statutory scheme for public religious or charitable trusts. The jurisdiction is invoked on allegations of breach of trust or need for directions in administration, and the reliefs must be those specifically contemplated by the section. Where the courts concurrently find that the alleged breach is not proved and no administrative direction is sought or required, the foundation of the suit disappears. In that situation, a bare declaration as to the character of the properties is outside the scope of the section and cannot be added to the decree as an independent or lesser relief. Any finding on the existence of the trust, if unnecessary to the actual disposal, is only incidental and does not form part of the operative decision.

Conclusion: The declaration could not validly be granted under Section 92, and the decree had to be modified so that the suit stood dismissed without any declaration as to the character of the properties.

Final Conclusion: The appeal succeeded to the limited extent that the declaratory portion of the decree was struck out, while the dismissal of the suit otherwise remained undisturbed.

Ratio Decidendi: In a suit under Section 92 of the Code of Civil Procedure, a declaration regarding trust character of the properties cannot be granted as an independent relief when the statutory foundation of breach of trust or need for directions fails.

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