JAUHARI LAL Vs. GURUDEV ASHRAM TRUST

JUDGEMENT

(1.) The instant Application has been filed on behalf of the Plaintiffs seeking the following reliefs:

(2.) The Plaintiffs being the Applicants herein are the devotees of Swami Muktananda Paramhamsa (hereinafter referred to as "Baba") who was a spiritual leader and a leading exponent of the Siddha Yoga philosophy. As per the material on record, Swami started his mission by setting up an Ashram at Village Ganeshpuri, in Thane at Maharashtra in the year 1956. Over the years, the mission grew and attracted spiritual seekers from all over the world. The disciples sought to establish an ashram at Delhi for the purpose of which a public charitable trust was established as "Shri Gurudev Ashram Trust, Delhi" vide Trust Deed dtd. 22/4/1973, which is also the subject matter of the dispute before this Court.

(3.) The land of the Ashram at Delhi was gifted to the Defendant No.1 Trust by the Defendant No. 2 on 11/2/1974, by way of a duly registered Gift Deed. The Defendant No. 2 herein was one of the original Trustees of the Defendant No. 1 Trust, along with four other Trustees, all of whom were appointed by Baba in accordance with the provisions of the Trust Deed, which required the appointment of Trustees to be done by Baba. Out of the five trustees nominated, two of them died and two subsequently resigned. Consequently, only one trustee survived. As per the record, Baba took mahasamadhi on 2/10/1982 having named Swami Nityananda and Gurumayi Chidivilasananda as his spiritual successors. According to the terms of the deed, the vacancies in the Trust were to be filled by nomination by Swami Muktananda Paramhansa in terms of Clause 8 of the Deed which is extracted below: -