SHADI RAM Vs. RAM KISHEN

JUDGEMENT

(1.) This judgment will dispose of two cross-appeate Nos. R.F.A. 115 and 116 of 1948. These appeals have arisen under the following circumstances.

(2.) Madho Parshaa, the father of Ram Kishan defendant 1 in the suit out of which these appeal have arisen and husband of Mt. Chhoti defendant 2, and Khushi Ram, the father of Om Parkash and. Hari Parkaeh defendants 3 and 2 and husband of Mt. Pan Bai defendant 5, were members of a joint Hindu family. Khushi Ram was a son of Madho Parshad from another wife Mt. Bbagirthi but was adopted as a son by Mani Ram, the real brother of the aforesaid Madho Parshad, Manj Ram fend Madho Parshad being the sons of Sham Lal and grandsons of one Gopal Chand. The family originally belonged to the village Eanod also called lohindargarbr in Patiala State. Gopal ChanS, the grand-father of Madho Parshad, migrated Jo Delhi and set up business there under the nasie and style of Gopal Chand Sham Lai. Rttev the death of Gopal Gband, the business was carried on by Sham Lal and after the latter's death by his sons Madho Parshad and Mani Ram. There was a disruption of the joint Hindu feinily consisting; of Madho Parshad and Khushi Ram in 1927 when they divided the joint, family property. On 4-1-1927 they executed two documents EX. D 1, the partition deed, and Ex. p. 1, a deed of endowment. By means of the latter they purported to create a public trust of four properties, namely. (1) a Dharamsala situate near Nahar Saadat Khan in Delhi, (2) a house property situate in the town of Kanod also known as Mohindargarh in Patiala State, (3) a shop situate in the town of Moga and (i) fifty preference shares of the value of Rs. 1000 each in Messrs Raj Nath & Co. Ltd; having its registered office in Cloth Market, Delhi, and one deferred share of the said Company. They appointed seven trustees for the purpose of carrying out the trust. It was provided that the income of the properties mentioned above was to be used and applied, in the first instance, in establishing a Sanatan Dbaram College or School in Delhi to prepare students for Oriental Faculty of Sanskrit in case the Delhi University accepted their proposal to found such a faculty. It was further provided that in case such a faculty was not founded within a period of one year from the date of the execution of the document, the trustees were to have the right to use the trust property for advancement of medical aid to human beings or for other charitable purposes in accordance with their ab--solute discretion.

(3.) Madho Parshad died in the same year a short time after the execution of the above-mentioned two documents. The trustees appointed fcy means of the deed of endowment seem to faave taken possession of the trust properties and to have had the shares in Messrs Raj Nath & Co. Ltd. registered in their names.