The removal/expulsion of any of the trustees is within the meaning of Clause-'9' read with Clause-'6' of the original trust deed, and the proposed declaration of the appellants/plaintiffs should not be refused.

JUDGMENT :

1. This Second Appeal is directed against the judgment and decree dated 29th July, 2013, passed by learned Additional District Judge, 1st Court, Purulia in Title Appeal No. 75 of 2007, reversing the judgment and decree dated 15th September, 2007, passed by learned Civil Judge (Senior Division), Purulia in Title Suit No. 217 of 1999, whereby the learned Trial Judge decreed the suit on contest against the respondents/defendants declaring appellants/plaintiffs nos. 1,2,4,6 to 10 and proforma defendants nos. 9, 10,12, and 13, as the trustees of trust board of Shri Srimat Krishnanada Trust for looking after the management of the Ashram as well as all the properties of the said Ashram with a further order, restraining principle defendant nos. 1 to 8/respondents from interfering with the management of the said Ashram as well as properties of said Ashram.

2. Appellants'/plaintiffs' case, precisely, is that Swami Krishnananda Maharaj created a trust on 28.02.1958, divesting all the properties of Ashram, known as Rakab Shri Shri Ramkrishna Ashram, in Mouza Chargali, which he himself set up, in favour of a trust known as "Shri Shri Ramkrishna Trust @ Shri Shrimat Krishnananda Trust", nominating therein seven (7) persons, as trustees, excluding himself as creator of such deed and trust.

3. Swami Krishnananda Maharaj was a disciple of Shri Shri Sarada Ma, and he acquired some properties from his own followers before setting up his Rakab Shri Shri Ramkrishna Ashram.

4. It was mentioned in Clause-'6' of such deed of trust that in the event of tendering resignation by any of the trustees, or sudden death of trustee, or any incapacity rendering a trustee to be incapable from discharging his duty, remaining trustees would induct/appoint new trustee in place of previous trustee. As per Clause-'9' of such deed of trust, the trustees would perform all such acts, framed rules as are necessary for proper administration of the trust.

5. During the lifetime of Shri Swami Krishnananda Maharaj, he had the occasion to remove two (2) of such trustees, but against which there could not be any substitution of trustees. The creator of such trust namely Swami Krishnananda Maharaj, left for his heavenly abode on 24.10.1963. After the demise of the creator, Swami Shrimat Swatmananda Maharaj and Fakir Gorai, came to be inducted as new trustees by the surviving trustees on the strength of resolution dated 13.12.1964. Swami Swatmananda Maharaj was, however, elected as president of the trust. Subsequently, by reason of attainment of contingencies occurred for expressing inability to perform as trust, death or incapacity of trustees, there had been reduction in the number of trustees, and when four (4) surviving trustees of the Board of Trustees namely Swatmananda Maharaj, Swami Suddhananda Maharaj, Fakir Garai and Swetketu Mukhopadhyaya included eight (8) persons as new trustees, raising the number of trustees to twelve (12). A new deed was thus, registered on 20.5.1981, as regards the appointment of such new trustees incorporating therein the terms and conditions of the deed of trust after renaming the trust as "Shri Shrimat Krishnananda Trust".

6. After induction of new trustees on the strength of appointment of new trustees, by deed dated 20.05.1981, four (4) trustees suffered death, and four (4) became disinterested, resulting in their removal from the board of trust. Similarly, another trustee having expressed his inability to work was also expelled from the board of trust. Due to the reduction of number of trustees Swami Swatmananda Maharaj, being the President of Ashram executed a deed of appointment of trustees, dated 30.09.1997, appointing plaintiffs and proforma defendants, as trustees in the board of trustees, incorporating therein terms and conditions, as contemplated in the original deed of creator.

7. Swami Swatmananda Maharaj with the passage of time left this world on 19.01.1999, putting plaintiffs, proforma defendants with other trustees as the