BUDH SINGH DHAHAN Vs. MALKIAT SINGH

JUDGEMENT

(1.) THE present petition is filed by the President of Guru Nanak Mission Medical & Educational Trust, Dhahan-Kaleran, Tehsil and District Nawanshahr (for short, "the Trust"). The challenge in the petition is to the order dated 12.6.2008 (Annexure P-10), passed by the learned Additional District Judge, Nawanshahr, whereby the application filed by the petitioner for dismissal of the petition filed by respondent No. 1 under Section 7 of the Charitable and Religious Trusts Act, 1920 (for short, "the Charitable Trust Act"), was dismissed. Further challenge is to the separate order of even date (Annexure P-11) passed in the petition filed by respondent No. 1 under section 7 of the Charitable Trust Act seeking a direction to the petitioner to hold meeting of the Trust.

(2.) BRIEFLY , the facts are that the petitioner as well as the respondents are the trustees of the Trust. On account of certain disputes amongst the trustees in the functioning of the Trust, respondent No. 1 filed a petition before the Additional District Judge-I, Nawanshahr under Section 7 of the Charitable Trust Act seeking a direction to the petitioner to hold elections of the General Body of the Trust. After receipt of notice, the petitioner filed application for dismissal of the petition under Section 7 of the Charitable Trust Act. However, the learned court below finding the same to be misconceived, dismissed the application filed by the petitioner and on the other hand accepted the petition filed by respondent No. 1 for direction to the petitioner, being President of the Trust, to hold meeting of the General House of the Trust. Both the orders were passed on 12.6.2008 and have been impugned in the present petition.

(3.) ON merits, it was submitted that in fact, the petition filed by respondent No. 1 even on the date it was filed was infructuous as the meetings of the Trust were being held regularly and there was no occasion for respondent No. 1 to have filed petition. In fact, it is a dispute between various trustees on account of which a lot of litigation was going on. On one hand, respondent No. 1 filed a petition at Nawanshahr, whereas one of the other trustees filed a petition at Jalandhar. Another suit filed by Amarjit Singh Cashier of the Trust challenging his removal is also pending. In fact, the efforts of some of the trustees is to stall charitable work being carried on in the form of hospital which should not be stopped as the public at large will be affected.