Vinod Kumar vs Krishna Kumar
2021 Latest Caselaw 7745 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 26/2021

Vinod Kumar S/o Jai Chand Lal, Aged About 68 Years, Naya Baas, Sujangarh, Dis. Churu. At Present Resides At 161/1, Mahatma Gandhi Road, Teesra Talla (3Rd Floor), Kolkata (West Bangal).

----Appellant Versus

1. Krishna Kumar S/o Ram Chandra, Sujangarh, Churu. At Present Residing At Sri Sadan, Vardhman Compound College, Square Post, Cuttack (Odisha) - 753003

2. Ashok Kumar S/o Maal Chand, Sujangarh, Churu. At Present Residing At T 85, K.g. Enclave, 2Nd Floor, 5Th Main Road, Anna Nagar, West Chennai, Chennai (Tamil Nadu) - 600040

3. Rajendra Prasad S/o Maal Chand, 20, Aam Shree Bungalow, Near Karnavati Club, S. G. Highway Post, Ahmedabad (Gujarat)

4. Raghvendra S/o Kali Prasad, Vandana Apartment, Flat No. 201, Second Floor, Post Alipur, Kolkata (West Bangal).

5. The Sub-Registrar, Sujangarh, Dis. Churu

----Respondents

S.B. Civil Second Appeal No. 27/2021

Vinod Kumar S/o Jai Chand Lal, Aged About 68 Years, Naya Baas, Sujangarh, Dis. Churu. At Present Residing At 161/1, Mahatma Gandhi Road, Teesra Talla (3Rd Floor), Kolkata (West Bangal)

----Appellant Versus

1. Krishna Kumar S/o Ram Chandra, Sujangarh, Dis.

Churu. At Present Residing At Sri Sadan, Vardhman Compound College, Square Post, Cuttack (Odisha) - 753003

2. Ashok Kumar S/o Maal Chand, Sujangarh, Dis. Churu. At Present Residing At T 85, K.g. Enclave, 2Nd Floor, 5Th Main Road, Anna Nagar, West Chennai (Tamil Nadu) -

                                            (2 of 3)                  [CSA-26/2021]


         600040

3. Rajendra Prasad S/o Maal Chand, 20, Aam Shree Bungalow, Near Karnavati Club, S.g. Highway Post, Ahmedabad (Gujarat)

4. Raghvendra S/o Kali Prasad, Vandana Apartment, Flat No. 201, Second Floor, Post Alipur, Kolkata (West Bangal)

5. Bharadia Charamshala Trust, Through Ashok Kumar, R/o T 85, K.g. Enclave, 2Nd Floor, 5Th Main Road, Anna Nagar, West Chennai, Chennai (Tamil Nadu) - 600040

----Respondents

For Appellant(s) : Mr. Sanjay Nahar.

For Respondent(s)        :



            HON'BLE MR. JUSTICE ARUN BHANSALI

                                    Order

18/03/2021

It is submitted by learned counsel for the appellant that the

supplementary trust deed make mention of resolution of the trust

dated 29.11.2010, pursuant to which, the supplementary trust

deed was executed. However, despite specific case of the appellant

that no such meeting was held, the resolution has not been

produced and both the courts below ignoring the said aspect and

by merely indicating that oral evidence was available on record in

this regard, has upheld the supplementary trust deed.

Further submissions have been made that though the

supplementary trust deed indicates that the same has been

executed by four trustees, the same only bears signatures of two

trustees including the trustee, whose inclusion is under challenge.

Further submissions have been made that malafides of the

respondents is evident from the fact that within two days of the

(3 of 3) [CSA-26/2021]

passing of the appellate judgment, the property of the trust has

been leased out for a period of 99 years, which is ex-facie contrary

to the provisions of second part of Section 36 of the Indian Trust

Act, 1882, which provides that without permission of a principal

Civil Court of original jurisdiction, no trustee shall lease trust

property for a term exceeding twenty one years from the date of

executing the lease.

In view of the submissions made, issue notice. Issue notice

of the stay application also, returnable within six weeks.

Notices be filed in two sets. One set of notices be given

'dasti' to learned counsel for the appellant for being sent through

registered post acknowledgment due.

Call for the record of two courts below.

In the meanwhile and till further orders, status quo

pertaining to the properties of the trust as they exist today, shall

be maintained by the parties.

(ARUN BHANSALI),J 13&14-Rmathur/-

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