AVOCH THEVAR Vs. CHUMMAR

JUDGEMENT

(1.) These are two revision petitions calling in question two different orders passed by the District Judge of Parur but to the same effect of authorising the sale of the properties appertaining to the Jewish Synagogue at Parur. As they involved difficult questions of law and practice they were referred to a Division Bench by one of us before whom it came on in the first instance.

(2.) The matter arises in execution of a decree in O.S. 37 of 1116 of the Parur District Court. This suit was filed by some members of the Jewish Synagogue at Parur for removal of the trustees of the Synagogue for alleged misconduct and for rendition of accounts. The suit was decreed by the Trial Court and appeal was taken as A.S. 207 and 230 of 1951 before the High Court by some of the defendants. The appeals were however disposed of not on the merits but on basis of a compromise between the parties in recognition of the state of things touching the entire community which had newly arisen viz., the ardent and more or less unanimous wish of the members to migrate to Palestine and become citizens of Israel. It would appear that all the adult members of the community at Parur had assembled together on 5.9.1951 to consider the question and take steps thereon. It was then resolved to appoint S.S. Koder, a most respectable and leading member of the community to be the sole trustee of the Synagogue and its estates with authority to deal with them for effectuating the emigration until such time as a large body or a committee was constituted. It was this resolution that was embodied in the decree of the High Court dated 19.9.1951. For some reason Koder was unable to push the programme through and he subsequently on 13.8.1952 filed an application, O.P. 11 of 1952 praying to be relieved of the responsibility of the trusteeship for personal reasons. The application was allowed and along therewith the present respondent Chummar was, with the consent of all parties, appointed trustee in place of Koder. In or about 1954 the question of the migration was seriously taken up with the Director of Jewish Agency for Palestine, India office, and in due course 313 of the members were taken over leaving about 135 here behind. Towards the expenses of transport of the persons emigrated a few of the Trust properties were, with the sanction of the court, sold by the trustee and the amount of Rs. 20,000 realised was remitted but the Jewish Agency had estimated the cost per individual at Rs. 955 and thus had incurred in all a sum of more than 2 lakhs and thirty thousand rupees in the matter. The sale of the balance of about seventy acres of the trust properties and of the Synagogue might not fetch even enough to liquidate this original investment but the Agency was insisting, as a preliminary to the transport of the rest of the members, upon the remittance of whatever was possible of realisation. The trustee thereupon applied to the Court invoking its jurisdiction under S.7 of the Charitable and Religious Trusts Act XIV of 1920, and praying for opinion, advice or direction to sell the properties as per private offers which he had collected and which in his opinion were on the whole fair. This motion was objected to by some of the members of the community on various grounds covering not alone the adequacy of the particular offers but also the jurisdiction of the Court itself to entertain the matter. The court below summarily overruled the objection as to jurisdiction but directed the sale in public auction rather than under private bargain. It is against this order dated 26.8.1955 that C.R.P. 353 of 1955 has been taken, by two of the objectors in the court below. The connected C.R.P. 50 of 56 (originally filed as A.S. No. 50 of 55) is directed against an order dated 17.1.1955 passed t an earlier stage on different motion of the trustee though to same effect. As the same question of jurisdiction has been raised in both the revision petitions, they were heard together and are being disposed of by this single order.

(3.) Learned counsel for the revision petitioners attacks the availability in the circumstances of the jurisdiction invoked under S.7 of the Charitable and Religious Trust Act XIV of 1920. According to learned Counsel the opinion, advice or direction which was being sought was not concerned with the management or administration of the trust property but rather the winding up of the trust for achievement of stranger purpose. Anyhow the matter had turned out to be controversial and the Court below would accordingly have exercised its discretion better, if it had refused to entertain the same. Learned Counsel for the respondent trustee on the other hand urged that it ought not to be open to some few members of the community to backslide and retard the emigration jointly resolved upon and indeed partly carried out, with sanction of court also obtained. The decree in the case, as well as various orders in execution, it was submitted precluded a reconsideration of the matter. The order passed by the court below did not therefore call for interference particularly in revision.