DHANALAL KARNAWAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On April 11, 1973 an ex parte application was moved in Chambers by Dhanalal Karnawat and Bijoy Singh Karnawat, the trustees for selves and for their co-trustee, Surpat Singih Karnawat for leave to grant lease of the trust property being the premises No. 46. Sir Hariram Goenka Street, Calcutta-7 for a period of twenty five years with further option to renew it for twentyfive years to one Sumanlal Parekh and others on the terms and conditions contained in paragraph 19 of the petition.

(2.) It appears from a copy of the deed of Trust dated 9th October, 1950 annexed to the petition that the said property No. 48, Banstolla Street now No. 48, Sir Hariram Goenka Street in Calcutta be conveyed and transferred to the trustees to be used for ever as a Dharamsala for free accommodation and lodging of only Hindu visitors and travellers in accordance with such rules and regulations as may from time to time be made or framed by the trustees. The said Dharamsala shall be named "Lakhmichand Karnawat DharamsaLa" which shall not be changed at any time. The trustees shall be at liberty to let out or demise such portion or portions of the trust property as they in their discretion shall think fit and out of the income thereof to pay in the first place all rates, taxes, ground rent and other outgoings and impositions which now are and may hereafter be payable in respect thereof and in the next place pay all costs and expenses for keeping the trust property in good and substantial repair and apply the balance for the objects and purposes of the trust and for defraying all expenses for the management of the said Dharamsala and the Trust property.

(3.) The said trust property is in dilapidated condition and the trustees have neither any income therefrom nor any fund to construct a habitable building for Dharamsala hence they made the said application in Chambers before me for leave to grant long term lease of the said property No. 48, Sir Hariram Goenka Street. Calcutta. The application was made under Section 34 of the Indian Trusts Act. 1882 and after hearing the attorney for the said applicants order was made by me granting leave to the trustees to grant lease of No. 48, Sir Hariram Goenka Street, Calcutta for twentyfive years with option to renew the same for a further period of twentyfive years to Sumanlal Parekh and others or to such other persons having immovable properties worth not less than Rs. 12 lacs on terms and conditions inter alia as contained in paragraph 19 of the petition.