BASANTKUMAR Vs. SARDAR VEERANAGOUDA PATIL MAHILA VIDYAPEETH

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned counsel for the respondent.

(2.) The petitioner is before this Court assailing the order dated 19.08.2013 passed by the Principal District and Sessions Judge at Dharwad.

(3.) Undisputedly, the respondent-Trust is a Public Charitable Trust named as 'Saradar Veeranagouda Patil Mahila Vidya Peeth', Vidya Nagar, Hubli. The said trust came to be registered under the Bombay Public Trust Act, 1950 (hereinafter referred to as 'the BPT Act' for short) under registration No.E-52 (DWR) pursuant to enquiry in No.9857/1952 dated 21.12.1953. That the Management of the Trust is vested with the Board of Trustees originally consisting of five members. The provisions of the Clause 6 of the Trust Deed provides for the appointment of new Trustees. One Smt Nagamma Veeranagouda Patil was the author of the Trust and the Board of Trustees consisted of one V.V.Patil, who was a legislator and husband of the author of the Trust and was designated as the Chairman. The other four trustees were the author of the Trust i.e., Smt. Nagamma Patil, one Sri.S.R.Nadig, Sri.C.S.Hulkoti and the President, Karnataka Provincial Harijan Board and it was declared that the Board of Trustees shall not be less than five and shall not exceed nine members. The Trust Deed was placed before the Court below as Ex.P10 and certain extents of immovable properties were also vested in the Trust and the Trust established several Educational Institutions, Industrial Training Centre, Nursing Institutions, Working Women Hostel, Sports Club for Women and Harijan Balika Asrma. That noted personalities and personalities holding constitutional offices have visited the premises of the Trust and that recognizing the yeoman services rendered by the Trust and its Chairman, the Government of India was pleased to confer one of the highest civilian awards in the nation i.e., Padmashree Award to the Chairman of the Trust. That the Trust is continuing its yeoman services even to this date.