BAIDYA NATH MUKHERJEE Vs. AMARENDRA NATH SINGH

JUDGEMENT

(1.) -This is a revisional application against an order dated 13.4.1995 passed by the learned District Judge. Hooghly in Misc. Case No. 94/93 allowing the application filed by the opposite party No.l under section 34 of the Indian Trust Act according permission for transfer of the trust properties for the purposes of B.L. Mukherjee School Improvement/P.H.G. Improvement at Boinchi.

(2.) One Beharilal Mukherjee since deceased had executed a will dated 9th August, 1870 during his life time by creating the trust and transferred his properties in favour of the said trust and delivered possession of his entire properties. The said B.L. Mukherjee created the trust with the laudable aim and object for public welfare, cultural upliftment, religious and social works and had laid down the scheme of management in the solemn Will. A dispute arose as regards the Management and Administration of the estate of late Beharilal Mukherjee's estate. Therefore, a suit was filed before the District Judge. Hooghly who on 29th March, 1887 delivered his judgment and decree directing the Collector, Hooghly to be appointed as a trustee in respect of the sum of Rs.1,50,000/-as specified in the Will and a further sum of Rs.10,000/- for the erection of two separate pucca houses for the School and dispensary respectively. The decree further directed that the School and dispensary so established shall be under the Superintendence of the Collector. The dispute was, however, carried upto the Privy Council and the Hon'ble Privy Council by their judgment dated 2nd March, 1881 confirmed the Judgment and decree of the courts below. From then on, the Collector Hooghly has been acting as the custodian of the Beharilal Mukherjee Trust. Paragraph 20 of the Will also had conferred right on the State Government.

(3.) The opposite party No. l Sri Amerendra Nath Singh who was the Collector of Hooghly District filed an application before the learned District Judge, Hooghly at Chinsurah for permission of the sale of some land for the maintenance of the Estate and creation of a ward in the name of the donar's wife Kamala Yamini Devi. In the said application, the opposite party No.l had also made further prayer for the construction of a ward in Imambara Scalar Hospital in the name and style of "B.L. Mukherjee Ward" with the help of the Government and the sole trustee was under an honest belief that the Government would permit to use the name of the ward as "B.L. Mukherjee Ward". The present petitioner had filed written objection denying the material allegation of the opposite party No.l and opposed the permission for transfer/aliea-nation/sale of any of the trust property.