RAMESH SHARMA Vs. MOOL CHAND

JUDGEMENT

(1.) A contest between trustees of a private Trust formed to run an Educational Institute has reached the High Court second time. Means to control this institute and thus the finances which are generated, seem to be the real aim behind this contest, rather than any aim for doing any welfare, which was the stated aim of the Trust when formulated.

(2.) RESPONDENT No. 1, who claims himself to be the life President of the Trust and thus not removable, filed a civil suit for declaration to this effect, besides other relief. Prayer is also made for declaring some meetings held by the defendants in the suit to be null and void and for declaration that the trust deed, which was amended, be declared as not legally enforceable and valid document. He has also challenged the election purported to have been held on 21.5.2007 of the office bearers of the Trust as well as Shri Krishna Polytechnic Kuruksheta to be null and void and not enforceable.

(3.) THE facts, as narrated in the petition, would disclose that this Trust was formed with 12 founder trustees on 9.12.1996. The Trust Deed is on record as Annexure P-3 with the petition. Certain amendments were carried out in the Trust Deed subsequently, but however, the amendment carried out on 7.11.2006 seems to be a bone of contention between the parties. According to respondent No. 1, the Trust Deed was amended on this date and was executed and registered on 3.1.2007. The petitioner seems to be contesting this amendment, which according to him was not endorsed in the subsequent meeting of the Trust. It is disclosed that this amended Trust Deed was signed by respondent Nos. 1, 7, 8, 2, 3 and 4. This Trust Deed is stated have been subsequently amended on 15.5.2007, which is challenged by filing a civil suit by respondent No. 1.