SUKHLAL CHANDANMULL KARNANI TRUST Vs. SHEW KUMAR KARNANI

JUDGEMENT

(1.) This application is made under Charitable and Religious Trusts Act XIV of 1920 in the matter of Rai Bahadur Sukhlal Chandanmull Karnani Trust having office at No. 3, Synagogue Street in Calcutta within the aforesaid jurisdiction of this Court. The settlor. Tndra Kumar Karnani who was also the managing Trustee, died on or about July 8, 1966 without appointing by Will or Deed any trustee in his place and on his death there remained only two trustees surviving viz., the petitioner, Chhaganlal Kothari and the respondent No. 3, Ratanlal Periwal. The Indenture of Trust dated June 29, 1946 provided inter alia that, there shall not be more than five trustees nor there shall be less than three trustees and for appointment of new trustee according to the rules mentioned in Schedule IV to the said Indenture in case of a vacancy, except in case of the said Indra Kumar Karnani.

(2.) On the death of the said Indra Kumar Karnani, who did not appoint any trustee by Will or Deed in his place, the surviving trustees thouch under the rules contained in Schedule IV to the said Indenture were empowered to choose and appoint trustee in place of the said Indra Kumar Karnani deceased, any member of the settlor's family in the male line and though the respondent No. 1, Shew Kumar Karnani and No. 2, Jai Kumar Karnani, the brother and the eldest son respectively of the said Indra Kumar Karnani and both members of the settlor's family in the male line expressed their desire in writing to be appointed as such trustee or trustees, could not agree upon as to who should be appointed as new trustee and if appointed whether the same would be valid. In the result no appointment was made, inconveniences and various difficulties were gradually being felt in the management and administration of the said Trust Estate.

(3.) One of the two surviving trustees viz., Chhaganlal Kothari in September, 1972 made this application for inter alia certain opinion and/or advice and/or directions for appointment of a new trustee or trustees for proper management and administration of the Trust Estate.