VIRENDRA KUMAR Vs. SHANKERJI MANDIR TRUST

JUDGEMENT

(1.) THE appellants being aggrieved by the order dated 27.9.89 passed in M.A. No. 38/87 by the learned Single Judge of this Court have preferred this Letters Patent Appeal.

(2.) IT is undisputed that the respondent No. 1 is a Public Trust registered under M.P. Public Trust Act. 1951. One Suraj Prasad was the managing trustee of the said Shankerji Manidr Trust. On 6.12.76 an application under Section 26 was submitted to the Registrar of the Public Trust by some villagers that the managing trustee Suraj Prasad was mismanaging the Trust and Trust property for his own benefit. The Registrar after giving the notice to the managing trustee, and enquiry held that the Trust property was not being properly managed and administered, therefore, it was necessary to make an application to the District Judge under section 27 of the Act. On receipt of the application the Court made an enquiry and holding that the managing trustee was mismanaging the Trust and Trust property, by its order dated 6.10.79 ordered removal of the existing trustees including the managing trustee directed appointment of the new trustees. It is also directed that the trustee be delivered possession of the Trust property.

(3.) TO understand the facts better the description of the parties is required to be detailed. Shri Shankerji Mandir Trust, Bargi through Chhotelal (working trustee) was the applicant, Suraj Prasad S/o Asharam (the removed managing trustee) was non -applicant No. 1 who died during the pendecy of the petition before the trial Court and was substituted by his legal representative Shiv Prasad and Anand Latori Jharia S/o Biharilal was non -applicant N. 2 who was also ordered to be dispossessed by the impugned order dated 13.12.86, preferred M.A. No. 22/87 Latori Jharia Vs. Shri Shankerji Mandir Trust. The appeal was dismissed by order dated 16.9.67. The parties do not know nor the record show as to whether the order passed by this Court in M.A. No. 22/87 was subject to further appeal or not. Rameshwar Prasad was M.A. No. 3 who died during the pendey of the application before the trial Court and was substituted by Pannabai, Reghvendra and Virendra Kumar. This Virendra Kumar was already on record on N.A. No. 4. Kishanlal was. N.A. No. 5. Against Latori it was alleged that he is in possession of the Trust property under some sale deed executed by original N.A. No. 1 Suraj Prasad. Against Rameshwar Prasad and Virendra Kumar it was alleged that they are in possession through Suraj Prasad. Kishanalal the M.A. No. 5 submitted before the trial Court that Suraj Prasad in his capacity of managing trustee transferred by lease the land belonging to the Temple.