ADVOCATE GENERAL Vs. BHARTIYA ADAM JATI SEWAK SANGH

JUDGEMENT

(1.) The present suit has been filed by the Advocate General of the State under Section 92, Code of Civil Procedure, praying for the following reliefs:

(2.) Briefly, the facts enumerated in the plaint may be thus stated. Defendant No. 2 Bhartiya Adam Jati Sewak Sangh, is a Society duly registered under the Societies Registration Act, 1860. It has certain affiliated bodies attached to it. One of such affiliated body is defendant No. 2, Parvatiya Adam Jati Sewak Sangh, another Society registered under the Societies Act, 1860. Defendant Nos 3 to 7 are the members of the executive body of the defendant No. 2 and are discharging the functions and obligations, as envisaged under the objects of defendant Nos. 1 and 2 within the State of Himachal Pradesh. They are having control of certain properties situated at Salogra in Solan District, Narengabad in Sirmaur District, Garela in Chamba District and Raghi and Sangla in Kinnaur District. They are also receiving grants-in-aid from Central Government as well as State Government for the purposes of discharging their obligations as Trustees of the Society, defendant No. 2. The activities of defendant No. 2 are in the nature of public charity since it is engaged in looking after the social and economic upliftment of the weaker sections of the society. In order to carry out its activities, defendant No.1 has been raising money from various sources, including the public at large. During the period 1980 to 1988 a sum of more than fifteen lacs has been given by the Welfare Department of the State Government over and above the grants received by the defendants from District Welfare Officers, Solan, Chamba and Sirmaur. This amount is in addition to the amount of grants received by defendant No. 2 from defendant No. 1 or the Central Government.

(3.) Defendant No. 2 which is functioning in the State of Himachal Pradesh since 1956, has been running "Ashrams", Schools, "Bal Vadies", Creches, Hostels etc. in various parts of the State. Defendant No. 2 acquired land at Salogra in District Solan. It came into possession through its then Secretary Dharam Dev Shastri. The said Shri Dharam Dev Shastri sold about four bighas of land out of the land so acquired by defendant No. 2 without any authority and necessity. The defendant Nos. 3 to 7 have been mismanaging the properties of the defendant No. 2 as also the grants-in-aid received by them. They have also been making gifts of the properties of defendant No. 2 unauthorisedly and thus have committed breach of trust.