R.P. GUPTA Vs. B.M. GROWER

JUDGEMENT

(1.) SHORT and neat question that falls for determination in this first appeal is whether by a provision made in the trust deed dated 6th April, 1973 that vacancy of the trustee shall be filled up by the continuing or surviving trustee of the trust, it is obligatory that the appointment of new trustee on vacancy shall be by unanimity or be decided by majority.

(2.) THE said question arises in the facts and circumstances thus ;

(3.) THE respondent No. 1 herein is the applicant in the Charity Application No. 14 of 1982 made before the City Civil Court at Bombay. His case in the said application was that one of the original trustees, Shri Ramprakash Mehra died on 24.7.1977 and his vacancy was not filled up. According to him some of the remaining trustees intended to induct their sons on the board of trustees which he opposed. A meeting of the board of trustees was fixed on 12.1 1.1980 and due to inconvenience of one of the trustees the said meeting was not held on 12.11.1980 and later on it was held on 21.11.1980. The applicant had no notice of that meeting. The applicant allegedly sent a letter dated 28.11.1980 and sought for the agenda or the minutes of the meeting held on 21.11.1980. No reply was received by him. Thereafter he received a notice dated 25.11.1980 informing him that the meeting of the board of trustees was fixed on 1.12.1980. He could not attend the said meeting as it was not possible for him. In the meeting of 1.12.1980 a resolution was passed to induct sons of some of the trustees in the trust. The change report was lodged with the Assistant Charity Commissioner on 3.2.1981 and that was accepted. The applicant Shri B.M. Grower filed revision application before the Joint Charity Commissioner. The Revisional Authority did not find any error in the order of the Assistant Charity Commissioner and accordingly dismissed the revision application on 19.6.1982. The said order of the Joint Charity Commissioner affirming the order of the Assistant Charity Commissioner was challenged In the Charity Application No. 14 of 1982 before the City Civil Court at Bombay. The City Civil Court at Bombay after hearing the parties and upon construction of the scheme dated 6.4.1973 held that the appointment of trustees can only be made by unanimity of all the continuing and surviving trustees and since the resolution dated 1.12.1980 appointing new trustees was not unanimous resolution, the Assistant Charity Commissioner erred in changing the report and the Joint Charity Commissioner erred in affirming the same.