Judgment

KHANNA, J.:- A decree for ejectment from the premises in dispute and for recovery of Rs. 7,163/12/3 was awarded by learned Additional Sub-Judge Patna in favour of the two plaintiff-respondents against the Board of Trustees. T. K. Ghosh s Academy Patna and other defendants. On appeal filed by some of the defendants the Patna High Court set aside the decree for ejectment. The amount for the recovery of which decree had been awarded by the trial Court was also reduced to Rs. 3,725/2/-. The present appeal has been filed on certificate by the Managing Committee T. K. Ghosh s Academy and other defendants against the decision of the High Court.

2. The two plaintiff-respondents are the sons of Shri Jadu Nath Palit who founded in 1876 a school known as T. K. Ghosh s Academy. The school attracted some of the best students and Dr. Rajendra Prasad, Dr. B. C. Roy, Mr. Hasan Imam and Mr. Sachidanand Sinha received their education in this school. The school was run in premises which originally belonged to one Mr. Boilard. Shri Jadu Nath died in 1901 leaving behind three minor sons, two of whom were the plaintiff-respondents and the third was their brother Dr. K. L. Palit. After Jadu Nath s death ,the management of the school was looked after by the sons of Shri T. K. Ghosh in whose memory the school had been founded. Shri T. K. Ghosh was the brother-in-law of Shri Jadu Nath. A Managing Committee was formed by the sons of T. K. Ghosh for the management of the school in 1905 or 1906. Neara bout 1914 the management of the school was taken over by Shri Jadu Nath s sons. In 1918-19 the Managing Committee of the school was reformed under the directions of the Board of Secondary Education. On September 11, 1919 the school building was purchased by the three sons of Shri Jadu Nath from Mr. Boilard as per sale deed Ex. C. On July, 28, 1930 Dr. K. L. Palit sold his share in the school building in favour of his two brothers, viz., the plaintiff-respondents, as per sale deed Ex. Cl. On August 13, 1950 the two plaintiff-respondents executed Deed of Trust Ex. P. appointing Rai Bahadur Nirmal Chandra Ghosh, Retired District and Sessions Judge and six other as trustees of the school. The object and the subject matter of the trust would be clear from the following:

"Whereas the settlers are the proprietors of the High English School named T. K. Ghosh s Academy now located in a building owned and possessed by the settlors situated in Mahalla Chowahatta thana Pirbahore district Patna.

And Whereas the settlors being desirous of the continuance of the school and the perpetuation of the memory of the person after whom it is named and the association of same with the name of the institution, of the retention in it of Bengali as a subject of instruction and also as a medium of instruction as far as possible and also of the improvement, extension or alteration as regards the standard and subjects of instruction in the institution as may be considered suitable for the benefit of students, have decided to settle in trust for this purpose the said school consisting of its name good will together with its funds, furniture, library and other educational appliances and equipments as a functioning institution affiliated to the Patna University in the manner and on the condition hereinafter following.

Now this Deed witnesses as follows:-

1. In pursuance of the said desire of the settlors the settlors do hereby transfer and assign unto the trustees the said High School T. K. Ghosh s Academy with all that property consisting of the funds, furniture, library and equipments described and detailed in the schedule hereto to hold the same upon trust to fulfil the object of the settlors and on the conditions and with and subject to the powers provisions and agreements herein contained."

Clauses 4, 6, 9, 10, 11 and 15 of the trust read as under:

"(4) The trustees will be entitled to nominate 2 (two) members out of themselves, to the managing committee of the school in addition to