BISWANATH MUKHERJEE Vs. RANJIT KUMAR SEN

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dated 29 the, 1st Court, Purulia in Title Appeal No. 75 of 2007, reversing the judgment and decree dated 15th September, 2007, passed by learned Civil Judge (Senior Division), Purulia in Title Suit No. 217 of 1999, whereby the learned Trial Judge decreed the suit on contest against the respondents/defendants declaring appellants/plaintiffs nos. 1,2,4,6 to 10 and proforma defendants nos. 9, 10,12, and 13, as the trustees of trust board of Shri Srimat Krishnanada Trust for looking after the management of the Ashram as well as all the properties of the said Ashram with a further order, restraining principle defendant nos. 1 to 8/respondents from interfering with the management of the said Ashram as well as properties of said Ashram.

(2.) Appellants'/Plaintiffs' case, precisely, is that Swami Krishnananda Maharaj created a trust on 28.02.1958, divesting all the properties of Ashram, known as Rakab Shri Shri Ramkrishna Ashram, in Mouza Chargali, which he himself set up, in favour of a trust known as "Shri Shri Ramkrishna Trust @ Shri Shrimat Krishnananda Trust", nominating therein seven (7) persons, as trustees, excluding himself as creator of such deed and trust.

(3.) Swami Krishnananda Maharaj was a disciple of Shri Shri Sarada Ma, and he acquired some properties from his own followers before setting up his Rakab Shri Shri Ramkrishna Ashram.