DILIP KUMAR BAJAJ Vs. PRADEEP KUMAR BAJAJ

JUDGEMENT

(1.) THIS is a revision under Section 115, C.P.C. against the judgment and order dated 9.7.1998 passed by District Judge, Mirzapur in Misc. Case No. 8 of 1998 by which he granted permission to sell certain properties of the trust to the respondent.

(2.) THE trust was made by late Jamuna Das regarding his properties. He constructed a temple of Dwarika Nathji also known as Dwarikadhish Ji in district Mirzapur, a dharmshala in Brindaban and other properties at Kanpur and Calcutta. The trust was created regarding all the above properties by registered Will dated 3.2.1914. According to the terms of the Will, Jamuna Das was to remain as trustee throughout his life, and thereafter, his only son Seth Rameshwar Das Bajaj became trustee. Seth Rameshwar Das Bajaj also died on 12.3.1937. Thereafter, his son. Dwarika Prasad Bajaj, the father of the parties became the trustee. Both parties are sons of Dwarika Prasad Bajaj. The respondent claimed that there was registered Will of Dwarika Prasad Bajaj dated 22.10.1994 by which he was appointed managing trustee of the trust. He showed the need to sell certain properties of the trust and moved an application under Section 34 for permission to sell few properties. The learned District Judge considered the matter in detail and by the impugned order allowed the application in part and granted permission to sell certain properties, and rejected the same in part. Aggrieved by it, the present revision has been preferred.

(3.) THE first argument of the learned counsel for the revisionist is that trust was a private trust and. therefore, the provisions of Indian Trust Act. 1882, does not apply to the present trust and application under Section 34 of the Act was not maintainable. The learned counsel has taken me through the trust deed, which has been created by Will dated 3.2.1914 of late Jamuna Das Bajaj. In the Will, he has mentioned that he had already given certain properties to Sri Dwarika Nath Ji and so that no body may interfere in the property given to Dwarika Nath Ji, he executed the Will. According to the Will after his death, his son Rameshwar Das Bajaj was to become the trustee and thereafter, his heirs. In the Will, he has referred to the temple as his own Thakurji and no outsider has been appointed in the trust to look after.