RAJESH NATHANY Vs. HARI KRISHNA DOODUAWALA & ORS

JUDGEMENT

(1.) This is an application by Mahendra Kumar Nathany, the respondent No.2 in the original proceedings. The original proceedings (ACT 7 of 2017) were taken out under Sections 3, 7, 10 and 11 of the Charitable and Religious Trusts Act, 1920 read with Sections 32 and 36 of the Indian Trust Act, 1882. The present application (GA 2658 of 2018) made in the original proceedings seeks the opinion of the Court whether the deed of transfer of immovable property from one trust to another without consideration falls under the description of the transaction provided by Article 62(e) of Schedule 1A to the Indian Stamp Act, 1899 as applicable in West Bengal.

(2.) The applicant, the respondent No. 2 and all other respondents are trustees of a trust called the Rai Bahadur Hazarimull Trust Fund (RBH Trust). The respondent No. 2, is also a trustee of Bhagwati Prasad Sheo Kumar Trust. The purpose of the RBH trust is to provide aid to the poor and the needy.

(3.) Rajesh Nathany as a trustee of the RBH Trust filed the original application (A.C.R. 7 of 2013, Rajesh Nathany Vs. Hari Krishna Dooduawala) in this Court under Sections 3, 7, 10 and 11 of The Charitable and Religious Trusts Act, 1920 and Sections 32 and 36 of The Indian Trusts Act, 1882 for better management of the trust and its properties. Eventually an application GA No. 3514 of 2015 was filed in this Court to record a settlement arrived at between the trustees. Under the settlement it was provided that inter alia Premises No. 19A and 19B, Muktaram Babu Street, the properties of the RBH trust, renumbered as Premises No. 2A and 2B, Doodwalla Dharmsala Lane, Kolkata together with 19C and 19D, Muktaram Babu Street, Kolkata - 700007 were to be transferred to and vested in Bhagwati Prasad Sheo Kumar Trust. This proposal for settlement was allowed by this Court by its order dated 15th October, 2015. The transfer was to be without consideration.