JUDGMENT :

1. The Court: The respondents entered into a partnership on June 1, 1979 to carry on business under the name and style of “Swarna School” with effect from July 1, 1979.

2. On September 15, 1992, a further deed of partnership was entered into, altering the profit-sharing ratio of the partners. On April 12, 1998, the deed of trust was executed by the respondents/partners, constituting the Public Charitable Trust which would run the secondary section of the Swarna School, which is an educational institution. The respondents themselves remained as trustees, retaining absolute right to appoint further trustees or trustees in lieu of themselves as well as to appoint an attorney who would be entitled to have all the powers of the trustees.

3. On April 1, 2003, a further deed of partnership was entered into, incorporating certain alterations in respect of remuneration etc.

4. A supplementary deed of trust was also executed, which entitles a Managing Committing to be formed to run the school.

5. On June 8, 2012, the respondent/partners and trustees entered into a Memorandum of Understanding (MOU) for the petitioners to take over control of Swarna School and for transfer of the pa