1906 (1) TMI 1

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Sital Prasad Ghosh JUDGMENT Authored By : Banerji, Benry George Richards Banerji and Sir Benry George Richards, JJ. 1. The suit out which this appeal has arisen was brought by the appellants who are a society called the Anjuman Islamia of Muttra. This society was registered under Act No. XX of 1860, and the suit was brought in the name of the society. It appears that in the city of Mu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he mosque and the shops were their private property, built by their ancestors. The court of first instance found against the defendants and decreed the plaintiffs' claim. Upon the questions of fact raised in the appeal to the Court below, the learned Judge has arrived at findings adverse to the defendants except upon two points. The first is that the plaintiffs' association was not legally....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., as the learned Judge points out, the defendants also are not the mutawallis. Under the relinquishment to which we have already referred, the plaintiffs have stepped into the shoes of the two ladies, Rupo and Chando, and are entitled to maintain the suit against the defendants. 2. We have now to consider whether the registration of the plaintiffs' society under Act XXI of 1860 was legal. I....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ociety cannot be regarded as one for charitable purposes. We cannot accept this view. It is well known that charitable purposes are not restricted to the giving of alms or other charitable reliefs, but the words have a much wider legal meaning. We do not think that the Indian Legislature makes a distinction between religious purposes and charitable purposes. The registration of the plaintiffs'....