JUDGMENT Misra and Kaul, JJ. - This is Defendants' appeal against the decision of the First Civil Judge, Bahcaich, decreeing the Plaintiffs' suit instituted u/s 92, CPC for removal of the committee of management of Saiyed Salar Endowment and for amending the scheme framed by the District Judge of Gonda in 1902. 2. The trust relates to the famous tomb and shrine of the well-known Saint Syed Salar Masud, situate in Singha Parasi a village on the outskirts of the town of Bahraich. Syed Salar Masud, who was a nephew of Mahmud of Ghazni was slain in 424 Hijri at the spot where his tomb was put up subsequently, The shrine was erected by a young girl Zohra Bibi of Rudauli, district Barabanki, who had regained her eyesight by making a pilgrimage to the martyr's tomb. She died at the age of 18 and was buried in an adjoining grave which she had built for herself during her lifetime. The devotees of the martyr entertain a belief that this act of Zohra betokened her marriage with the bachelor saint. The shrine and the Dargah have in time become objects of veneration. In 776 Hijri Emperor Firoz Shah is said to have visited the spot. He erected some buildings and a compound wall and gave a Jagir for the maintenance of the shrine. An annual fair in connection with the digraph is held in the month of March and is attended by about 1,00,000 devotees consisting of both Hindus and Mohammadans who come specially for the occasion from long distances. Ceremonies resembling those of marriage are performed by these persons and offerings are made by way of dower of Zohra Bibi or of thanks-giving and to tonnage. 3. The management of the shrine and the fair was formerly in the hands of persons who were descended from the saint's attendants and were known as "Khadims''. In 1873 a committee was formed for carrying on the administration of the endowment under the supervision of the Deputy Commissioner of Bahraich. In 1902 the Legal Remembrancer to the Government instituted a suit u/s 539 of the CPC which was then in force and the District Judge of Gonda settled a scheme whereby ten persons were appointed to constitute a committee of management. Two out of these were to be appointed by the Commissioner of the Fyzabad division. Two were to be Khadims. Two out of these were to be appointed by the Commissioner of the Fyzabad division. Two were to be Khadims. The remaining six were to be elected. 4. The Plaintiffs who are five Muslim residents of Bahraich instituted in December 1937 the suit which gives rise to this appeal after obtaining the sanction of the Advocate General in pursuance of Section 92 CPC They claimed that the Defendants be removed from their office and that the scheme settled in 1902 he amended according to the suggestions contained in schedule A accompanying the plaint. They charged some of the members of the committee with misconduct and alleged that a number of them were no longer possessed of the requisite qualification to entitle them to continue as members. They claimed further that the committee was formed in contravention of the scheme and was not acting in the best interest of the trust. The suit was against the managing committee through its president Mr. Iqbal Ahmad who was a Deputy Magistrate and others who were then its member. Mr. Iqbal Ahmad filed a written statement supporting the Plaintiffs generally. He was transferred after the institution of the suit and was replaced by Mr. Zahir Hasan vakil. Mr. Zahir Hasan and another member Mr. Manzoor Hasan, Defendant No. 7, also sided with the Plaintiffs. The Defendants who resisted the suit were Nos. 2 to 6, 9 and 10. They filed three separate written statements but the pleas embodied therein were substantially to the same effect. Defendant No. 8 did not put in a written defense, but he was represented by the same Counsel who acted for the contesting members. From that fact and the further fact that he has joined the contestants in filing this appeal we infer that he made common cause with the majority. There were many grounds of defense. Those which still survive need alone be stated here. These were to the effect that the consent of the Advocate General was insufficient and defective, that there was neither misconduct on the part of the trustees nor any other sufficient cause which called for their removal and that the amendment of scheme was unnecessary. 5. The suit was instituted in the Court of the District Judge. It was later transferred to the Court of the first Civil Judge, Bahraich. Thirteen issues were framed. 5. The suit was instituted in the Court of the District Judge. It was later transferred to the Court of the first Civil Judge, Bahraich. Thirteen issues were framed. In order to indicate the general nature of the controversy which prevailed in the Court below we reproduce them below: 1. Is the Court competent to try the suit as it has got no inherent jurisdiction ? 2. Is the suit within the purview of Section 92, CPC ? 3. Is the consent given by the advocate General to the Plaintiffs invalid or insufficient ? 4. Are the Defendants guilty of misconduct ? If so are they liable to be removed ? 5. Are the Defendants not properly appointed members of the Dargah Committee of the management in view of the scheme of management of 1902 which is enforced ? 6. Is the above scheme of management defective and can it be amended as suggested by the Plaintiffs and the Defendant No. 1 ? If so is it desirable to do so and to what extent ? 7. Is the suit barred by rest judicator ? 8. Are the Plaintiffs interested in the Trust and so entitled to maintain the present suit ? 9. Has the suit been under-valued ? If so, what is its effect ? 10. Is only the Sunni Central Board as contemplated by the U.P. Muslim Waif Act XIII of 1936 competent to prosecute the suit at present and the present suit no longer maintainable as alleged ? 11. Is the said Act retrospective? If not the effect of the said Act's enforcement? 12. Does the suit abate for the death of Defendant No. 10? 13. Is the claim for the removal of trustees in time? 6. During the tendency of the case in the Court below Defendant No. 10, Ahmad Allah a Khadim member died. Ashiq Ali, another Khadim was appointed in his place and was brought on the record in place of the deceased. 7. The findings of the learned Judge on all the issues were in favor of the Plaintiffs, and their suit was, therefore, decreed, Defendants Nos. 2 to 10 were removed from membership. The scheme and the bye-laws were amended and the committee was replaced by four persons who were to act as receivers till the disposal of the appeal, if any or till the expiry of the limitation therefore. 2 to 10 were removed from membership. The scheme and the bye-laws were amended and the committee was replaced by four persons who were to act as receivers till the disposal of the appeal, if any or till the expiry of the limitation therefore. In the event of dismissal of the appeal or expiry of limitation as aforesaid they were to hold elections in terms of the amended scheme and to hand over charge to the new members. 8. The contesting Defendants are dissatisfied with the decision of the Court below and have come up in appeal. 9. The controversy between the parties is now confined to three points only 1. The validity or the sufficiency of the sanction given by the Advocate General. 2. The question whether the Defendants were liable to removal for the alleged misconduct or for any other cause, and 3. The necessity for amending the scheme. 10. We propose to take up the various points urged at the bar in the order in which they have been stated above. 11. The contention which relates to the sanction of the Advocate General need not detain us long. The form in which it was given is contained in Ex. 78. The material portion of it is as follows In exercise of the powers conferred by Section 92 of the Code of Civil Procedure, 1908, (V of 1908), the under-signed hereby consents to the institution by the applications above named of a suit with respect to the alleged trust specified in the margin against the persons named and for the relief stated below. Subject matter of alleged trust. In the matter of the amendment of the scheme relating to the management of Syed Salar Masud Ghazi endowment situated in Bahraich City...... Reliefs-Such reliefs as the nature of the case may require 12. It is urged on behalf of the Defendants-Appellants that the document contemplates a suit for the relief covered by Section 92, Sub-section (1), Clause (b) only and that there was no sanction for reliefs contemplated by Clauses (a) to (g) of Section 92 and a suit embodying them was not competent. A similar argument was advanced before their Lordships' Board in Raja Anand Rao v. Ramdas Daduram (1919) 46 I.A. 12 but was repelled. A similar argument was advanced before their Lordships' Board in Raja Anand Rao v. Ramdas Daduram (1919) 46 I.A. 12 but was repelled. The following passage in their Lordships' judgment will indicate the view of the Judicial Committee The next point that is put is that when the sanction says; " 1 grant them permission to institute a suit u/s 539," that does not mean any suit which may be raised u/s 639 but is confined merely to one of the species of suits that could be so raised namely the appointment of new trustees. Their Lordships do not think that any such narrow reading can be put upon the sanction as given, 13. In Mst. Premo v. Pt. Skeo Nath (1933) 8 Luck 266 a Division Bench of this Court pointed out that Section 92 does not prescribe any special form of sanction and it does not contemplate that the Advocate General should specify the reliefs in respect of which leave is granted. 14. The language of Section 92 makes it clear that the various clauses appended to Sub-section (1) merely indicate the nature of the suits in which the legislature insists that a previous consent must be taken. One of the underlying objects of the section is to restrict individuals from free access to Courts in order to prevent unnecessary harassment of the trustless. If, therefore, a prime facia case has been once made out any relief or reliefs which the nature of the case may require may be claimed provided they are for the protection of trust and in furtherance of its objects. 15. We now come to the second point which relates to the necessity for removal of the present trustees and which constitutes the principal ground at controversy between the parties. We will consider the issues raised in this connection under two heads (i) the allegel illegal constitution of the committee of management, and (ii) the alleged misconduct on the part of the committee or its individual members. 16. The point dealing with constitution of the committee is based on the provisions of para. 1 (a) of the rules framed by the District Judge, Gonda, in 1902. 16. The point dealing with constitution of the committee is based on the provisions of para. 1 (a) of the rules framed by the District Judge, Gonda, in 1902. Para 1 is as follows: The Committer of Managements shall consist of ten members as follows: (a) Elected by the Muham-" 6 madan members of the District of whom 2 at Municipal and Local Boards of j least must be Bahraich and by the Muliam- resident of the madan member of the British Bihraich Mu- Indian Association resident in municipality. the Bahraich district. (b) Appointed by Commissioner of the Fjzabad division.. 2 (c) Khadims of the shrine... 2 10. 16. The Plaintiffs' interpretation of sub-para (a) is that it enjoins one joint electorate of the Muslim members of the various bodies mentioned therein. The question was once raised in 1935 before the Court of Munsif Bahraich in a suit instituted by the trustees of the Dargah for recovery of a sum of money against certain Thekadars. The latter disputed the Plaintiffs' right to sue on the ground that they were not duly elected members of the committee. The learned Munsif upheld the contention. The matter was taken up in appeal to the Court of the Civil Judge Bahraich and the suit was decreed on a finding that the Plaintiffs were defacto trustees and as such were entitled to maintain the suit for the benefit of the trust, (Ex. C7). In another suit instituted probably in 1939 by two trustees against an ex-manager the same question was agitated and a similar finding was recorded by Munsif Bahraich. There are also two letters, (Exs. 3 and 4), on the record which were written by the District Judge, Gonda, in 1930 and 1931 and which expressed an opinion that the rule should be interpreted as providing for a joint electorate of the Muslim members of the District Board, the Municipal Board, and the Muslim residents of Bahraich who are members of the British Indian Association. On the other hand the learned Judge who framed the scheme passed an order on the execution side on 12th August 1903 saying that: Today list of the members of the Committee according to the scheme is riled. The execution proceedings may be consigned to the record room as the decree may now be considered executed. 17. The list referred to is Ex. C2. The execution proceedings may be consigned to the record room as the decree may now be considered executed. 17. The list referred to is Ex. C2. It was submitted on behalf of the Deputy Commissioner Bahraich, and it separately mentioned two persons who were elected by the Mohammadan members of the District and Local Boards of Bahraich, two others who were elected by the Mohammadan members of the Municipal Board, Bahraich and again two persons who were elected by the Mohammadan members of the British Indian Association resident in the Bahraich district. The modus operandi adopted ever since has been that each of the three bodies above mentioned has elected two members separately. It was not till 1930 that it struck one of the members that the rule prescribed that the election should be made by a joint electorate. Ever since then it has been a moot point. 18. There is no doubt that the phraseology of sub para, (a) is vague and in certain respects defective. By saying that six members would be elected by the Mohammdan members of the District, Municipal and Local Boards of Bahraich and by Mohammadan members of the British Indian Association it would appear that two constituencies were being formed (1) consisting of the Boards and (ii) consisting of the resident members of the British Indian Association. The District Board and Local Boards were apparently considered as separate bodies. The Local Boards, we may mention, were established by Act XIV of 1883. and at the time when the scheme was framed they sent some of their members to the District Board. There was thus a danger of overlapping if each of the three boards was called upon to contribute one member. Again there were only 5 or 6 Muslim members of the British Indian Association in Bahraich district and it would scarcely be reasonable to hold that the intention was to give a special weight age to this constituency. The language is obscure and we have to fall tack upon the conduct of the learned District Judge who framed the scheme and the practice which has prevailed thereafter for over 35 years. Considered in this light we think that sub-para, (a) intended to create three electoral bodies consisting of the District and Local Boards, the Municipal Board and the British Indian Association members. Considered in this light we think that sub-para, (a) intended to create three electoral bodies consisting of the District and Local Boards, the Municipal Board and the British Indian Association members. There has therefore, been substantial conformity with the scheme and the procedure which has so for been followed should be deemed to be proper and in order. We would hold, therefore, that the present constitution of the management committee does not contravene the scheme. 19. The Plaintiffs' case under the second head is stated in paragraph 6 of the plaint. It is as follows: That for seme time past there have existed intrigues and eliques amongst the several opposite-parties which have acted and reacted to the detriment of the objects of the endowment causing misfeasance and gross neglect of duty amounting to breach of trust. The following will illustrate the point. That recently the post of the manager of the Dargah fell vacant and applications were invited to fill the said vacancy tinder certain conditions. But the Defendants 3, 4, 6, 9 and 10 have appointed one Fazl Haq in violation of these conditions simply to show favor and petrenage to a pet of thens. This Fazl Haq is very young having neither experience nor qualifications in comparison to these who have been rejected. (b) That the Defendant No. 10 owed Rs. 400 to the Endowment. In order to obtain his support and keep him in their party the Defendants 3, 4, 6, 9 and 10 have written off the debt. (c) That the Defendant No, 9 has been given a theka of Shamiana in the last male although under the byelaws no member can acquire any profit. (d) That Defendant No. 9 has taken yasdah ntahi theka at a very low rate for the current year in the name of a near relation of his named Muddi Khan. (e) That Defendant No. 10 bad been fined Rs. 60 only for gambling by the committee and thus he was liable to removal for this moral turpitude. Yet the Defendants did not take any action against him but to the contrary much favor is being shown to him. (f) That the Defendants 9 and 10 are Khadim members who had been getting Rs. 30 per month as their pay. The defendants 2 to 10 have increased it to Rs. Yet the Defendants did not take any action against him but to the contrary much favor is being shown to him. (f) That the Defendants 9 and 10 are Khadim members who had been getting Rs. 30 per month as their pay. The defendants 2 to 10 have increased it to Rs. 45 per mouth in these days of general depression simply to strengthen their party. The said Defendants have also been it warded cut of the endowment fund by the Defendant No. 3 during his regime of manager ship. (g) That the Defendants 3, 4, 6, 8, 9 and 10 have been squandering the waqf fund simply to wreak their personal vengeance. These Defendants had their differences with the late Taluqdar of Tepraba who had a building in the vicinity of the Dargah. The said Defendants imply to harass annoy and injure the said Taluqdar started a most ill-conceived and infruciuous litigation which has caused a loss of about Rs. 10,000 to the Dargah for nothing. This amount would have sufficed to the construction of at least two similar buildings The Defendant No. 1 in the interest of the Dargah prevailed upon the late Taluqder to have the matter compromised which was conducible to best interests of the parties but the Defendants 3, 4, 6, 8, 9 and 10 maliciously rejected the compromise and resolved to fight out the case. The result was that the suit of the Daigah was dismissed with costs. They have now prefered an appeal which is very weak and liable to the dismissed and on this appeal of a petty valuation they have spent over Rs. 1,000. 20. It will be noticed that Clauses (a) to (g) are given by way of illustrations. The learned Civil Judge has considered certain other acts also as constituting good ground for removal of the Defendants, and we shall have occasion to deal with that part of the case at a later stage of this judgment. 21. Before we take up the alleged acts which are said to amount to breach of trust we may mention that points regarding the existence of intrigues and cliques or misfeasance and neglect of duty were not presented in arguments before us independently of the illustrative acts. 21. Before we take up the alleged acts which are said to amount to breach of trust we may mention that points regarding the existence of intrigues and cliques or misfeasance and neglect of duty were not presented in arguments before us independently of the illustrative acts. Our examination of the proceedings of the management committee has led us to the conclusion that though there were occasional differences of opinion on subjects which came up for consideration from time to time, there are no signs of any one group of members being constantly arrayed against any other group. While saying this we want to guard ourselves against being understood as implying that party feelings in public bodies of this nature would necessarily be deleterious to the interest of the trust or would amount to breach of obligations. The general impression of the proceedings left in our mind is that there is a fairly healthy appreciation of the responsibility and each individual member of the committee tries to discharge his duty according to his own lights. It is true that in a minute submitted by Appellant No. 3 in 1930 in connection with a Theka taken by one Madar Bux an allegation of favoritism was made (See Ex. 19), and in a suit in 1934 the learned District Judge in course of an interlocutory order made a passing remark about the existence of animosity and party feelings in connection with the charge of professional misconduct against one Mr. Zahurul Hasan, a lawyer of Bahraich who was a member of the committee at that time. (See Ex. 10). We are however not in a position to say whether the view then expressed was justified or not since the material on the record is wholly insufficient for any definite finding on that question. 22. Coming now to the specific acts of alleged misconduct we will preface our examination by circumscribing the scope of the inquiry. The law in this regard is clear and scarcely admits of any controversy. It is to the effect that where removal of the trustees for misconduct or breach of trust is alleged the test which must be applied is whether the acts or omissions complained of disclose conditions which render intervention necessary in order to save the trust property. The law in this regard is clear and scarcely admits of any controversy. It is to the effect that where removal of the trustees for misconduct or breach of trust is alleged the test which must be applied is whether the acts or omissions complained of disclose conditions which render intervention necessary in order to save the trust property. It is to be seen whether such state of affairs was brought about deliberately or willfully and whether the trustees were actuated by dishonest and corrupt motives. Again there may be cases where there is an utter lack of competence to administer the trust property. Errors of judgment or miscarriage of discretion have to be disregarded unless they be sufficiently chronic. One is apt occasionally to magnify such shortcomings into what are sometimes characterized as breaches of duty, misconduct, misfeasance or gross neglect. But if they are not the result of want of fidelity they cannot be made the basis of interference -see in this connection Attorney General v. Caius College; (1837) 2 Keen 750. Attorney General v. Clifton Law Times 136; Letterstedt Montinort v. Boers (1884) 9 A.C 371; Miyaji alias Mahomed Ghome Sahib v. Sheik Ahmed Sahib (1908) 31 Mad. 212; Damodar Bhatji v. Bhat Bhogilal Kasandas (1898) 22 Bom. 493; Azizor Rahman Chaudhury Vs. Ahidennessa Chaudhurani and Others, AIR 1928 Cal 225 and Balmakund v. Nanak Chaitd (1929) A.L.J. 438. Judged in this light none of the proved acts constitute in our opinion a justifiable ground for removal of the Defendant from the management of the trust estate. 23. The first misconduct complained of relates to the appointment of the manager. Paragraph 23 of the scheme provides that the Committee must appoint "a Moham madan of the Sunni sect" as manager and it may from time to time alter the remuneration to be paid to him. By paragraph 24 again the committee is vested with power to increase or reduce the remuneration. On 23rd May, 1937 by resolution No. 15/80 contained in Ex. 24 the committee laid down for its own guidance the qualifications which a candidate for the vacancy which had then occurred should possess. Amongst them it is mentioned that he should belong to "a good family and should be aged.'' In pursuance of this resolution application were invited by advertisement a copy of which is contained in Ex. 65. 24 the committee laid down for its own guidance the qualifications which a candidate for the vacancy which had then occurred should possess. Amongst them it is mentioned that he should belong to "a good family and should be aged.'' In pursuance of this resolution application were invited by advertisement a copy of which is contained in Ex. 65. The document shows that there were 41 applicants for the post. A precise of their qualifications was duly circulated amongst the members. The selection was made on 27th October, 1937. Khwaja Khalil Ahmad Shah, Defendant No. 3, proposed the name of Fazl Haq and Shaikh Ahmad Ullah who was then a member seconded it. The only other candidate who was duly proposed and seconded was Haseeb Ahmad. The name of a third applicant Nazir Ahmed was proposed but was not seconded. There were thus only two persons in the field, and when the matters came to voting, Fazl Haq secured a majority of five against four. Before the voting took place it was pointed out to the committee that Fazl Haq was only 22 years of age and did not belong to a high family vide Ex. 26. We may mention that Fazl Haq's qualifications as stated in the precise were as follows Entrance passed, Is Munshi and Kamil passed; is working in Urs and Mela for the last 16 years. Is serving in the settlement office, Bahraich ; certificates are attached with the application ; has been recommended by the settlement officer. 24. So far as Haseeb Ahmad was concerned Ex. 65 gave his qualifications thus Entrance passed ; has undergone training as Saibarakar ; is a brother of Imtiaz Ali Nadvi (Lala Mian) ; certificates are attached with the application, 25. The proceedings of 2nd October, 1937, show that Fazl Haq, was appointed temporarily for a period of one year by the vote of majority and was ordered to take charge from 1st November. The lower Court has expressed the view that the appointment of Fazl Haq was improper. The reasons which he gave for this view were that the candidate was young, that the other candidates for the post were graduates, undergraduates, pensioners and descendants of renowned Muslim saints but they were not even called for an interview and that the advertisement mentioned Rs. 50 as salary but Fazl Haq was given Rs. The reasons which he gave for this view were that the candidate was young, that the other candidates for the post were graduates, undergraduates, pensioners and descendants of renowned Muslim saints but they were not even called for an interview and that the advertisement mentioned Rs. 50 as salary but Fazl Haq was given Rs. 10 more, It further found that Fazl Haq was a private teacher in the family of Defendants Nos. 3 and 6 and it concluded therefore that these Defendants voted for the candidate without due regard to the interest of the trust. None of the grounds above stated in our opinion warrant the conclusion or even remotely justify the remark that the conduct of those who voted for him was blameworthy. Out of 41 candidates who applied apparently no one not even the official president approved of the remaining 39 and we take it that in the opinion of the committee the other applicants were net suitable. The mere facts that a person is a graduate or an undergraduate a pensioner or a descendant of a renowned Muslim saint does not necessarily qualify him for the post of a manager and it should not be forgotten that the proposed salary being only Rs. 50 persons of high qualifications could scarcely be expected to stay for long. There were moreover other qualifications 26. which the advertisement required of the candidates. These were 1. He should have a fair knowledge of English, Urdu and Persian. 2 He should have faith in Mazars and belong to Sunni sect. 3. He should not be a relative of the members of the Committee. 4. He must furnish a security of Rs. 1,000 27. We do now know whether the other candidates possessed all the qualifications above specified nor do we know what ether considerations affected the members in rejecting the remaining 39 persons, the fact that Fazl Haq was a teacher in the family of Khwaja Khalil Ahmad or that of Khwaja Siddique Ahmad was openly mentioned as an additional consideration. This fact indicated that he was personally known to at least some members of the committee and that may have been one of the reasons why his appointment was favoured by the majority. The conduct of those who voted for Fazl Haq can thus be attributable to motives which to our mind are consistent with good faith. This fact indicated that he was personally known to at least some members of the committee and that may have been one of the reasons why his appointment was favoured by the majority. The conduct of those who voted for Fazl Haq can thus be attributable to motives which to our mind are consistent with good faith. The allegation about the increment of pay, we may add, is unfounded. The proceedings of 7th March 1938, which are in point, only disclose that Rs. 10 were granted to the manager as conveyance allowance in accordance with the sanctioned budget (vide Ex. 77). 28. There is no other complaint against the manager or against his appointment. The first charge in our opinion has not been established. 29. The next charge related to Ahmad Ullah who was originally Defendant No. 10 but who fas since died. The allegation is that Defendants Nos. 3, 4, 6, 8 and 9 succeeded in getting a sum of Rs. 400 due from Ahmad Ullah written off, and that this was dene in order to canvass his support and to keep him in the tarty represented by these Defendants. Ahmad Ullah was a Khadim member of tie committee. It appears that he was also a tenant of some agricultural lands belonging to the trust and that Rs. 800 were due from him as arrears of rent from 1338 Fasli. The proceedings of the meeting, dated 13th July, 1937 contained in Ex. 26 will show that the members of the committee were of opinion that the tent was heavy that Ahmad Ullah's financial position was bad and that he was entitled to be treated with sympathetic consideration since he was a descendant of Mutwallis. It was, therefore, decided nemoon that out of the total arrears of Rs. 800, Rs. 400 should alone be realized by deduction of Rs. 10 from his monthly allowance and that in future namely from 1345 Fasli the rental should: be fixed at roster rates. We find that similar resolutions were passed in respect of a number of persons presumably because it was considered impossible or undesired able to insist on full pound of flesh. 400 should alone be realized by deduction of Rs. 10 from his monthly allowance and that in future namely from 1345 Fasli the rental should: be fixed at roster rates. We find that similar resolutions were passed in respect of a number of persons presumably because it was considered impossible or undesired able to insist on full pound of flesh. It will be recalled that the period in respect of which the rental was due was covered by Local Acts IV of 1937 and VIII of 1938 the combined effect of which was that the entire arrears from tenants were at first stayed and were later wiped off. These acts it may be mentioned were passed because of the extraordinary slump in prices which prevailed at that period. The remission of a part of the arrears it would, therefore, seem was an Act of prudence rather than an Act against the interest of the trust. There is no complaint about the reduction of rent to roster rate and in this respect the committee obviously acted fairly. The learned lower Court thinks that the remission was not justified by the rules and was not in fact made on account of Ahmad Ullah's poverty or inability to pay. The apparent object of the committee in the opinion of' the learned Civil Judge was to purchase his vote. This is in our judgment a mistaken view. The proceedings to which we have referred show that all the members were present in the meeting of the committee of 13th July, 1937 that no objection was taken even by the president or by