RAJU Vs. VIJAY KUMAR

JUDGEMENT

(1.) A civil suit has been filed by the appellant seeking declaration that he be declared one of the trustees of Sh. Vinayak Miser Dharmshala Trust, Jammu with permanent prohibitory injunction restraining respondent No. 1 or any other person from taking any decision of management of the trust property to the exclusion of the plaintiff or causing any obstruction thereof.

(2.) AN application for interim injunction was also filed for restraining the defendants not to cause any obstruction to the appellant from managing the affairs of the trust as co -trustee and not to take any decision in agreement with any person with regard to the suit property or compromising their interest. The plaintiff -appellant claims that his right is to be protected as trustee of the property on the basis of will executed by his father Chajju Ram.

(3.) THE brief facts of the case would crystallize controversy involved in the present case. One Vinayak miser had made a Will in respect of estate in the year 1906. Among other things, he expressed desire to establish Dharamshala at Jammu and Varanasi. After his death his wife Sohan Devi made a Will on 25.1.1921. Vide paragraph 11 of the Will she appointed her brothers Pt. Chottu Lal Miser, Pt. Vishwa Nath Padha, besides her daughter in law Raj Devi and grand daughters Sham Devi and Bhagwan Devi as trustees/ executors/ executrix of the will. It was incorporated in the Will that if any of the trustees thereby appointed die or desire to be discharged it shall be lawful for the surviving or continuing trustee or trustees or heirs or executors to appoint new trustee.