( 1 ) SHRI Gopal Singh was aretired judge of the High Court for the States of Punjab and Haryana He was a bachelor. He had no issue. He founded a charitable trust called Gopal Singh Trust. He executed a deed of trust on 11. 10. 1973 which was subsequently altered in some respects by another trust deed dated 30. 6. 75. The deed recites that the trust is created "with a view to promote charitable objects such as health and medical facilities education and training of boys and girls and adults for acquisition of knowledge and development of character so as to make them healthy and educated citizens, for amelieration and uplift of backward and poverty- stricken people of India, for international good will and understanding and for bettering the lot of women and children. "

( 2 ) THE founder divested himself of and relinquished all interest in his properties, investments and assets and directed that these shall be devoted to the objects of the trust. The objects of the trust, stated shortly, are to set up dispensaries, hospitals, to run educational institutions and boarding houses, to impart good education to students, to improve the lot of weaker sections of society, to promote international understanding and goodwill elimination of war and prervation of peace, to set up homes for the aged and infirm. destitutes, widows and orphans. These are all purposes beneficial to the public. Social advantage is their main characteristic. They are secular, humanitarian, educational and international in nature. The main idea of the settler was that the trust should provide some of the indispensables of a settled community. So wide ranging are the objects of the trust, so varied is the settler s menu.

( 3 ) THE trust deed provides that the founder shall be the administrator and manager of the trust and will be remunerated with Rs. 1600. 00 per month. After his death the trust shall be managed by a trustee or trustees as may be declared by him. So Shri Gopal Singh was the sole trustee in his life time.

( 4 ) AT the time the trust deed was executed the founder was constructing a building in Niti Bagh, a lawyers colony where he had been allotted a plot by the Niti Bagh Cooperative Society. This was House No. 10, Niti Bagh, New Delhi. The trust deed provides that "such portion of the building at 10, Niti Bagh, when completed, may be used for office of the trust and for carrying out its purposes and objects as the sole trustee or the trustees deem it necessary. Its remaining portion be let out. "

( 5 ) SHRI Gopal Singh died on 15. 9. 1977. He did not appoint any trustees as was contemplated by him in the deed of trust. The deed provides for the constitution of a Board Of Trustees. Clause 5 says:

"if in case of appointment of Board of Trustees, any one of the trustees retires, resigns, dies, neglectful or wanting in capacity to act as a trustee, the appointment of that trustee shall be by the remaining trustee or trustees. In a meeting of the Board of Trustees, when so appointed, simple majority decisions by the Board will beeffective on any question arising in the management of the affairs of the Trust, But the founder did not appoint any trustee, as we have said. Nor did he constitute any board of trustees. Shri Gopal Singh had two brothers, Sant Singh and Lal Singh. Sant Singh has a daughter Shanti Devi. Lal Singh is dead. He has left behind two sons-Amir Singh and Hans Raj. On the death of Shri Gopal Singh there was a scramble for possession of trust properties. On 1. 6. 1978 Shanti Devi and her father Sant Singh made an application under section 34 of the Indian Trusts Act 1882 (the Act) to the district judge seeking his opinion, advice and direction for the due administration of the trust properties of Gopal Singh Trust. In the application Shanti Devi alleged that the founder had adopted her, who was misplace, as his daughter. She claimed to be the only heir and legal representative of the founder of the trust. She also cl