BALMAKUND Vs. NANAK CHAND

JUDGEMENT

(1.) This appeal arises out of a suit under Section 92, Civil P.C, praying for the removal of the defendant Balmakund, from his office as trustee of a public religious and charitable trust, and for certain subsidiary reliefs.

(2.) The author of the trust was one Mt. Parbati the widow of P. Nand Kishore Deputy Collector. She built a thakurdwara, a shivalaya and a tank for perpetuating the name of her deceased husband and for the public good. By a deed of waqf dated 17 September 1903 Mt. Parbati, with the consent of the next reversioner, P. Gopeshwar Datt, her deceased husband's brother, dedicated about 1/3 of her zamindari property bringing in an income of about Rs. 3,000 a year for the support of the temple and for feeding faqirs and other poor persons and for celebrating fairs to be held on the Janam Ashthami and Shiv Ratri and for water booths and similar public purposes of a religious or charitable nature. The property was dedicated to Shri Krishnaji. P. Balmakund, the defendant who is Mt. Parbati's brother's son, was appointed manager and trustee of the waqf property. The deed of waqf further provided that the office of trustee should devolve upon P. Balmakund's descendants if qualified to act as trustees. By a will of the same date Mt. Parbati divided the remaining 2/3rds of her property between Balmakund and Gopeshwar Datt, her husband's brother, in equal shares.

(3.) Balmakund has managed the trust from its foundation in 1903 up to the present day. Mt. Parbati died in 1911.