DEGAMBER SEN SAWHNY Vs. SANJEEV CHOPRA & ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order of the court below dated 29.8.2012 by which the trial court has dismissed the petition as not maintainable under Section 34 of the Indian Trust Act, 1882. Section 34 of the Indian Trust Act, 1882 reads as under:-

(2.) A reading of Section 34 makes it more than abundantly clear that questions which are asked for the opinion or advice or direction of the court have to be with respect to the management or administration of the trust property. The questions necessarily have to be qua the trust property, and which aspect is a sine qua non for filing of a petition under Section 34 of the Indian Trust Act.

(3.) A reading of the subject petition filed under Section 34 shows that it really deals with the issues of appointment of the Managing Trustee of the trust. The questions which have been formulated for being answered by the Court under Section 34 are contained in para-18 of the petition and which reads as under:- "18. That petitioner being the Settlor and the Founder Trustee of the Trust is constrained to file the present petition under Section 34 of Indian Trust Act, 1882 and seeks the opinion of this Hon'ble Court on the following questions: