LAWS(P&H)-2008-11-112

JASBIR SINGH Vs. GURU NANAK PUBLIC SCHOOL TRUST

Decided On November 21, 2008
Jasbir Singh and Anr. Appellant
V/S
Guru Nanak Public School Trust and Ors. Respondents

JUDGEMENT

(1.) THE present petition under Article 227 of the Constitution of India has been filed by the Petitioners, challenging the orders dated 29th February, 2008 (Annexure P -19) and 6th December, 2007 (Annexure P -l 5), passed by the learned Civil Judge (Senior Division), Ludhiana, - - vide which (i) applications filed by the Petitioners (Jasbir Singh and Surinder Singh sons of Jagat Singh) as well as Defendant No. 3 - - Kulwant Kaur Virdi, under Order 7 Rule 11 of Code of Civil Procedure (in short "CPC") for rejection of plaint has been dismissed; (ii) application filed by Avtar Singh Hunjan under Order 22 Rule 10 of Code of Civil Procedure for substitution/to pursue the suit on behalf of the Plaintiff -Trust has been allowed; (iii) application filed by present Respondents No. 2 and 3 (Prem Singh and Ravinder Singh Sokhi) under Order 22 Rule 10 of Code of Civil Procedure for substitution as Defendants has been allowed; (iv) alternative prayer made in the application for rejection of plaint filed by the present Petitioners (Jasbir Singh and Surinder Singh son of Jagat Singh) for substitution in place of S. Jagat Singh and Giani Bhagat Singh as Defendants has been allowed to the extent of impleadment of present Petitioners as Defendants, without ordering impleadment of Shri Rajwinderjit Singh Gill as Defendant in place of Kulwant Kaur Virdi.

(2.) THE brief facts of the case giving rise to the matter in controversy are that present Respondent No. 1 - -Plaintiff - -Guru Nanak Public School Trust, Sarabha Nagar, Ludhiana (hereinafter referred to as "the Trust") filed Civil Suit dated 21st February, 2000 through Sh. Ranjit Singh Bhail in the court of learned Civil Judge (Senior Division), Ludhiana for rendition of accounts and permanent injunction restraining Defendants No. 1 and 2 -S. Jagat Singh and Giani Bhagat Singh from posing themselves as Secretary and Member of Local Managing Committee of the School being run by the Trust and further restraining Defendant No. 3 - -Mrs. Kulwant Kaur Virdi from posing and working as Principal of Guru Nanak Public School", Sarabha Nagar, Ludhiana (hereinafter referred to as "School") by alleging that Ranjit Singh Bhail, Non Resident Indians (NRI) created a trust on 20th December, 1969 for higher and quality education to the Punjabies settled in country and abroad on the basis of philosophy of guru and his teachings. In the Trust apart from himself being the settler, Sh. Ranjit Singh Bhail nominated 11 other persons as trustees. The Trust was registered on 25th February, 1970 against Wasika No. 462 with Sub -Registrar, Ludhiana. It is further alleged that a sum of Rs. 1,35,628.50 Ps, was deposited on 8th September, 1970 and thereafter a sum of Rs. 2,70,256.50 Ps, alongwith further interest was deposited and a sale deed dated 13th June, 1973 for the land measuring 30.28.22 sq. yards situated at Kartar Singh Sarabha Nagar, Ludhiana was executed in favour of the Trust by Improvement Trust, Ludhiana. School is being run on that very land. It is further alleged that Sh. Ranjit Singh Bhail had contributed lot of money from his own pocket as he was fully devoted towards the aims and objectives of the Trust. Later on due to death of some trustees, constitution of the Trust was amended and re -registered on 7th June, 1973 against Wasika No. 2096 with Sub -Registrar, Ludhiana but the basic body of the Trust remained the same. Once again Trust was re -registered due to some changes on 25th October, 1983 against Wasika No. 8921 with Sub -Registrar, Ludhiana. It is further alleged in the Civil Suit that for effective running of the institution/School founded by the Trust, a managing committee was formed in which Jagat Singh -Defendant No. 1 was nominated one of the members. Sh. Ranjit Singh Bhail was Secretary of the Trust. On 25th October, 1983, managing committee was re -constituted and Jagat Singh became Secretary of the managing committee for a term of 5 years. It is further alleged that Jagat Singh - -Defendant No. 1 alongwith Giani Bhagat Singh - -Defendant No. 2 and in collusion with Mrs. Kulwant Kaur Virdi - -Defendant No. 3 took complete control of the management of the school ignoring the other members of the committee. Sh. Ranjit Singh Bhail, who was the Secretary of the Trust remained abroad being a NRI and presumed that the affairs of the Trust are being run in a proper way by the Managing Committee. But a deceive the Trust, Jagat Singh - -Defendant No. 1 in collusion with other Defendants, got the committee registered with the Registrar of Societies, Punjab with a motive to defy/cheat to Trust. Keeping in view the facts discussed above, it was resolved on 22nd November, 1999 that Sh. Ranjit Singh Bhail, General Secretary of the Trust should take over the charge of the school and scrutinizes the accounts of the Trust. It was also decided to appoint Mr. Rajinderjeet Singh Gill, Vice Principal as acting Principal in place of Defendant No. 3. The resolution of the Trust was sent to the Punjab and Sindh Bank also, - -vide letter dated 3rd December, 1999 to replace the signatories. It is alleged that Defendant No. 1 and 2 in defiance of resolution of the Trust are proclaiming to be members of the managing committee and showing the authority of the Trust, both being influential persons and not allowing the secretary of the Plaintiff -Trust, to take control of the record and the premises of the school. Defendant No. 3 was duly informed, - -vide letter dated 1st February, 2000 regarding termination of her services, but despite that she has not vacated the office of the Principal. It is further alleged that Defendants are admitting new students in the school and collecting huge donation in cash and usurping the amount for their personal use and have started collecting fee, donation, funds on behalf of the Plaintiff -Trust and in this way the academic structure of the school is going to have a serious impact due to illegal activities of the Defendants. In these circumstances, civil suit was filed.

(3.) THEREAFTER , Jagat Singh - -Defendant No. 1 also expired on 12th March, 2004 and it is further alleged by the present Petitioners that, - -vide resolution dated 15th March, 2004 Jasbir Singh, son of Jagat Singh was appointed as President of the managing committee and Mrs. Kulwant Kaur Virdi superannuated on 10th January, 2002 and in her place, - -vide resolution dated 15th March, 2004 Sh. Rajenderjit Singh Gill was appointed as Principal of the school by the managing committee.