BHARATHIYA VIDYA VAHINI TRUST Vs. D.GANESH MURTHY

JUDGEMENT

(1.) THE learned Principal City Civil Judge, Bangalore has refused to grant leave to petitioners/appellants under Section 92 CPC. THErefore, appellants are before this court.

(2.) I have heard Sri.S.S.Naganand, learned Senior Counsel for appelalnts/petitioners and Sri.Jayakumar S.Patil, learned Senior Counsel for respondents.

(3.) THE learned Senior counsel for appellants referring to Section 92 CPC would submit that in respect of trust created for public purposes of charitable or religious nature, two or more persons having an interest in the trust may institute a suit. THE appellants 2 to 7 are trustees and they are competent to institute a suit. THErefore, the finding recorded by the learned trial judge is erroneous. THE learned senior counsel referring to Section 92 (1) (a) would submit that leave has to be granted where suit is filed for removal of any trustee on the allegation that he has committed breach of trust or he is misusing the trust property. THE learned senior counsel would further submit that suit under Section 92 CPC is a representative suit. THE court may direct the parties to take out paper publication so that all the persons interested in the trust may take part in the proceedings and on that ground leave cannot be refused.