VIR VIKRAM SEN AND ORS. Vs. PARVATIAND ORS.

JUDGEMENT

(1.) This is an appeal filed by the original appellant/defendant No.1 Shri Hitendra Sen against the judgment and decree, dated 12.7.1999, passed by the learned District Judge, Shimla, against the respondents, hereinafter also referred to as the plaintiffs. The suit was filed by the plaintiffs under Sec. 92 of the Civil Procedure Code, wherein it was alleged that since they are the residents of Keonthal State and a trust known as Ram Dharam Kosh Trust was created by late Smt.Rani Indumati Ji on 4.8.1944, therefore, they have locus standi to file the suit. They alleged that the properties mentioned in the trust deed are the properties belonging to the trust and defendants No.1, 4 and 6 have no personal interest in the trust property including the funds of the trust. The plaintiffs had prayed that a new trust be constituted in place of the old trust and defendants No.1, 4 and 6 may be directed to render the accounts of the trust property to the court.

(2.) It was further alleged that the said trust was created for religious and charitable purposes including for the benefit of the subjects of Keonthal State in particular and public in general. The details of the properties dedicated to the trust were alleged in the plaint, which included amounts in cash and security, building known as Ganga Banita Asharam alongwith building known as Atur Asharam. It was also alleged that there was another property known as Keonthal Bhawan Dharamshala, Haridwar, which was situated on the bank of river Ganga near Harki Pauwari, Haridwar and this building has been recorded as Keonthal Bhawan. Defendant No.1 succeeded to the Gaddi of Keonthal State in 1944 after the death of Raja Vijay Sain.

(3.) It was further alleged that even the ancestors of defendant No.1 had dedicated the building known as Keonthal Bhawan to the people of Keonthal State and public in general for being used as dharamshala. Defendant No.1, who succeeded to the Gaddi of Keonthal State in 1944 never interfered with the rights of the people of Keonthal State and public in general. It was alleged that the building at Haridwar used to be repaired out of the funds raised by the people of Keonthal State. It was also provided in the trust deed that the trust would also provide for the expenses of cremation etc. of all persons who died while residing at Atur Asharam. It was further alleged that the following persons were nominated to the Board of Trustees by Raj Mata Indumatiji: