ADMINISTRATOR GENERAL Vs. VINOD BHUSHAN ALIAS KAMAL NARAIN

JUDGEMENT

(1.) By means of this petition of the Administrator General. Uttar Pradesh, Allahabad (the petitioner in short) has prayed for the grant of Letters of Administration in respect of the estate of one Kishan Narain since deceased.

(2.) Briefly stated the facts as set out in the petition are that one Kishan Nanain son of late Sita Ram Vishya resident of village Sadabad district Mathura executed a registered Will dated 14-8-1933 by which he created a public trust under the name and style of "Babu Ram Kishan Narain Omar Vaishya Trust" and appointed one Managinng Trustee, a Vice Managing Trustee and, some other Trustees, for managing the said trust as per the directions given in the Will. Kishan Narain (Testator in short) died in the year 1934. Complaints were received from some residents of the village that the trust created by the deceased testatosr has failed in its purpose and the assets are being mis-appropriated, alienated and wasted by the sons of the erstwhile manager of the trust namely Satish Chandra who died on 29-10-1992. As the interested persons have failed to take appropriate steps for the protection; of the estate and there being imminent danger to the assets and for the purpose of saving them from being alienated. mis-appropriated and mis-managed, therefore, it was prayed that Letters of Administration may be granted to the petitioner in respect of the estate of the deceased testator.

(3.) This petition is being opposed by the next of kin and heirs of the deceased as well as by some alleged trustees mentioned in paragraph No. 6 of this petition. Counter affidavits have been filed by Sharad Chand and Sanjay Kumar who are the sons of Satish Chandra and the great grand sons of the deceased testator, denying the allegations of mis-appropriation of the properties of the trust or mis-management thereof. Similar counter affidavits have been filed by the alleged trustees namely Suraj Bali and Laxmi Chand. Counter affidavits have also been filed on behalf of Vinod Bhushan alias Kama] Narain who was grand son of the deceased testator and a Managing Trustee of the Trust, allegedly till the year 1951. In this counter affidavit Vinod Bhushan while making similar allegations against the two sons of Satish Chandra has also stated that he has already filed a Testamentary Suit No. 1 of 1993 for Letters of Administration istration regarding the estate of the deceased testator which suit is pending before the court below. Another counter affidavit has been filed by alleged Acting Managing Trustee Ram Nath in which the allegations of mis-appropriation and mis-management of the Trust properties have been denied and it has been asserted that he was appointed the Acting managing Trustee of the trust in the year 1992 after the death of Satish Chandra and is, presently Managing the trust and taking all measures to protect its properties. Further the said, Managing Trustee has filed a suit being Suit No. 5 of 1994 on behalf of the Trust against Laxmi Chand and others for permanent injunction for safeguarding the trust properties and also obtained an interim injunction in favour of the Trust. It has been further stated that the present petition has been filed at the instigation of certain persons against whom legal proceedings were taken and the petition was not maintainable. Rejoinder affidavit has been filed to the said counter affidavit on behalf of the Administrator General reiterating the allegations of mis-appropriation of the properties of the Trust and mismanagement of its affairs.