PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, EDUCATION DEPT., KARNATAKA GOVT., THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY AND SRI M.R. SRINIVASA MURTHY, PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPT. Vs. SMT. RAGINI NARAYAN W/O LATE S

JUDGEMENT

(1.) THE appellants herein were the defendants in O.S. No. 2680/2000. The said suit was filed by the respondent herein seeking for judgment and decree of declaration and permanent injunction. The trial Court after considering the rival contentions has decreed the suit in favour of the plaintiff by its judgment and decree dated 31.7.2007. The defendants therefore claiming to be aggrieved are before this Court in this first appeal filed under Section 96 of the Civil Procedure Code.

(2.) THE parties would be referred to in the same rank is assigned to them before the trial Court for the purpose of convenience and clarity. Case of the plaintiff as per plaint:

(3.) THEREAFTER on 10.12.1994, the council of trustees at their meeting resolved to amend the trust deed to give effect to succession to donor trusteeship which was resolved earlier and approval was granted. In this regard, the Member Secretary Sri. A.C. Ramakrishna was authorised to execute and register the amendment to the trust deed. The minutes dated 10.12.1994 is referred. Accordingly a deed dated 30.06.1995 was executed which provided regarding succession to the donor trusteeship providing that subsequent to B.S. Narayan, his senior most lineal descendant or a member of his family nominated by him or his wife shall be the donor trustee. In this regard Clause IV(i) to (iv) of the deed is referred and extracted. As such it is contended that as per Clause IV of trust deed, it is late B.S. Narayan and after his death his family members are to run the trust and the Government has no power or authority to exercise the power of a donor trustee if a member of the family is available. Only if the mode of succession as in Clause IV fails, the Government can exercise that power. When B.S. Narayan was alive, apart from himself. Sri Y. Ramachandra, Sri A.C. Ramakrishna. Sri M.S. Srinivasa and the Director of Technical Education were the trustees. The plaintiff contends that late B.S. Narayan, exercising the power vested in him in Clause IV(iv) of the deed nominated the plaintiff to be a trustee in his place from 16.01.1995 to the end of March 1997 under the document dated 16.01.1995, which provided that either during his life time or by means of a WILL, the plaintiff shall continue to be the trustee during the plaintiffs, life time and she shall be deemed to be the Donor (1) under the trust deed. To the said document Sri. A.C. Ramakrishna, one of the trustees is also a witness. It is contended that in view of the said document, the plaintiff will continue as donor trustee unless the same is specifically revoked. According to the plaintiff, till his death there has been no such revocation of the appointment of the plaintiff as the donor trustee and as such it is valid and subsisting.