SUDHIR G ANGUR Vs. M SANJEEV

JUDGEMENT

(1.) This Appeal is against the Judgment of the Karnataka High Court dated 4th October, 2001.

(2.) Briefly stated the facts are as follows : 1st Appellant is the husband of the 3rd Appellant. Appellants 2 and 3 are the father and mother of the 1st Appellant. 4th Respondent is a educational trust which has been brought into existence with the 1st Appellant as the Founder/Trustee along with Respondents as fellow Trustees. Disputes having arisen between the 1st Appellant and his wife (3rd Appellant) resulted in a number of litigations including this litigation. According to the Appellants, Respondent No.3 resigned from the trusteeship of the 4th Respondent Trust on 11th February, 1999. Appellants 2 and 3 were inducted as additional Trustees on 15th March, 1999. On 1st July, 1999 Respondents 1 and 2 were removed from trusteeship. On 28th September, 1999 the Respondents instituted Suit No.8355/99 before the Principal City Civil Judge, Bangalore under Section 92 of the Code of Civil Procedure claiming that there was forgery of the purported letter dated 11th February, 1999 by which Respondent No.3 had supposedly resigned. Allegation of mis-management of the 4th Respondent Trust and its properties are also made. Removal of the Appellants as trustees is prayed for. A prayer is also made for cancellation of a Lease of the Trust properties granted in favour of Appellants 2 and 3.

(3.) Under Section 92 of the Civil Procedure Code, 1908 a suit can only be filed by the Advocate General or by two or more persons having an interest in the trust after having obtained the leave of the Court. The Appellants opposed grant of leave. Their submissions were not accepted and the Court granted leave on 10th November, 1999. The Revision filed by the Appellants was dismissed on 11th February, 2000. Whilst contesting grant of leave the Appellants did not contend that a suit under Section 92 was not maintainable in view of the provisions of the Mysore Religious and Charitable Institutions Act, 1927 (hereinafter referred to as the Mysore Act).