R P KAPUR Vs. KAUSHALYA EDUCATIONAL TRUST

JUDGEMENT

(1.) The founding deed : This is a dispute between father on the one side and mother and sons on the other, The plaintiff Shri R. P. Kapur has instituted asuit under Section 92 of the Code of Civil Procedure against a trust styled Kaushalya. Educational Trust and its trustees, Shrimati Sheila Kapur, his wife and Lov alias Vivek Kapur and Ashok Kapur, his sons. His wife and two sons are the trustees. They are defendants to the suit. The plaintiff, R. P. Kapur, along with one another person has sought directions for the administration of the trust and for framing a scheme.

(2.) The plaintiffs urge that Kaushalya Educational Trust is a trust of a public character of a Charitable nuture and that the trustees are misappropriating the trust properties. They have alleged various 'misdeeds' of the trustees. As required by the amended Section 92 of the Code of Civil Procedure leave of the Court is sought to institute the suit. The defendants resist the grant of leave on the ground that the trust is not a public trust of a charitable nature as alleged by the plaintiffs and that Section 92 does not apply. By an application under Order VII Rule 11, Code of Civil Procedure, the defendants say that the exparte leave granted by the learned Additional District Judge, who was seized of the suit, should be revoked and the jurisdictional fact regarding the public nature of the trust should first be determined. The principal question therefore for decision is whether Kaushalya Educational Trust is a public trust established for charitable purposes.

(3.) Shrimati Kaushalya Devi was the mother of Mrs. Sheila Kapur and mother-in-law of Shri R. P. Kapur. She owned 8 bighas 13 biswas of land in village Kharera, Tehsil Delhi bearing Khasra Nos. 373, 374 and 694|375. These become plots Nos. 3,4,5. and 6 in the sanctioned lay out of Kaushalya Park, Hauz Khas. New Delhi. She was nearly 70 years of age and found it difficult to manage her affairs single handedly. Under Section 6 of the Indian 'Trust Act (the Act) she created a trust called 'Kaushalya Educational Trust'. On January 20. 1972, she executed a deed of trust which was duly registered. The objects of the trust were stated in clause 6. I will state them in the author's own words : 6. Objects : That the said Trust is being created mainly for the purpose of providing education, upbringing, marriage, maintenance in case of need, etc. of the descendants of the Author of the Trust and for providing charitable and culttural facilities to others as the trustees may decide from time to time."