In Brief
A Trust sued to remove a sevadar (manager) from a temple and property and to obtain a rendition of accounts. The trial court found the sevadar worked only as a servant and ordered accounts. The first appellate court affirmed, holding a sevadar asserting hostile title must account. The High Court set aside the suit as unmaintainable. The Supreme Court allowed the appeal, holding a suit by a Trust against a sevadar is maintainable under the CPC; the sevadar owed accountability; and after his death, the decree for accounts could be executed against his legal heir, Ram Niwas.
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