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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B.SURESH KUMAR, JOHNSON JOHN, JJ.
P.S.Rajeev, S/o Raman Sasthri Parimanam K.R.Puram – Appellant
Versus
The Sree Narayana Trusts & Ors. .– Respondent
SP.JC NO. 6 of 2023
Decided on : 08-11-2023
Code of Civil Procedure, 1908 - Section 92 - Administration of Trust - Limits of jurisdiction - Court is called upon in this proceedings to decide scope of limits of jurisdiction retained by this Court to adjudicate disputes relating to affairs Trust in terms of scheme settled for its administration – Judges constituting Bench would exchange their views and it is only when view expressed by one is acceptable to other and vice versa, a decision is rendered by one among them on behalf of Bench - Para 13.
Finding of the Court :
An order of injunction restraining office bearers of Trust from conducting election to office bearers of Trust on grounds that voters list published is defective, sufficient time gap has not been provided between date fixed for submission of nomination paper and date of election etc. is first relief namely, relief (a) sought in proceedings - Such a relief on aforesaid grounds, is not one that could be granted even in a properly instituted suit once election process has started - This order will not preclude petitioners or any one of them from seeking appropriate amendments in Scheme, so as to prevent office bearers of Trust from committing any act which would amount to breach of trust - It is also made clear that this order will not preclude petitioners or any of them from seeking appropriate reliefs in appropriate proceedings in respect of matters covered by this case.
Result: Dismissed.
JUDGMENT :
P.B.Suresh Kumar, J.
This Court is called upon in this proceedings to decide the scope of the limits of the jurisdiction retained by this Court to adjudicate the disputes relating to the affairs of Sree Narayana Trusts (the Trust) in terms of the scheme settled for its administration.
2. The Trust is a public trust of charitable nature. It runs several educational and other institutions. A suit was instituted as O.S.No.2 of 1969 before the District Court, Thiruvananthapuram under Section 92 of the Code of Civil Procedure (the Code) for framing of a scheme for the administration of the Trust. In the appeals preferred against the decree in the suit, this Court modified the scheme framed by the District Court in the suit and the Trust is being administered thereafter in terms of the scheme framed by this Court as amended from time to time. As per the scheme, hereinafter referred to as "the Scheme" for short, the Trust is governed by a Board of Trustees composed of persons referred to in clause 3 of the Scheme. Clause 3 of the Scheme reads thus:
a) All persons (or their representatives approved by the Board of Trustees) who have contributed to the SREE NARAYANA COLLEGE FUND or who contribute to this TRUST a sum not less than Rs. 200000/-(Rupees Two lakhs only) and their successors. Provided that among successors, only one person will be entitled, with the approval of the Board of Trustees, to be a Trustee.
b) One representative of every organisation of institution has contributed to the SREE NARAYANA COLLEGE FUND or that contribute to this TRUST a sum not less than Rs. 200000/-(Rupees Two lakhs only)
c) All persons (or their representatives approved by the Board of Trustees) who have contributed to the SREE NARAYANA COLLEGE FUND or who contribute to this TRUST a sum not less than Rs. 100000/-(Rupees one lakh) but less than Rs. 200000/-(Rupees Two lakhs) to hold office for their life.
d) Representatives elected by persons who has subscribed to the SREE NARAYANA COLLEGE FUND or who subscribed to THIS TRUST a sum of not less than Rs. 5000/-(Rupees five thousand) but less than Rs. 100000/-(Rupees one lakh) provided that the number so elected shall be one-tenth of the total number of such subscribers and provided that in calculating the one-tenth so elected any fractions shall be treated as one.
e) Representatives elected by persons who has subscribed to the SREE NARAYANA COLLEGE FUND or who subscribed to this TRUST a sum of Rs. 100/-(Rupees one hundred) and more but less than Rs. 5000/-(Rupees Five thousand), PROVIDED that in ascertaining the number of such representatives from each. Region as provided for herein below the aggregate of all subscriptions below Rs. 5000/-(Rupees Five thousand) will be taken into account and there shall be one representative for each unit of Rs. 25000/-(Rupees twenty five thousand) subscribed from that area, AND PROVIDED further that such representatives shall be chosen from among individuals who have contributed Rs. 500/-(Rupees five hundred) and more to the College Fund or who contribute to this TRUST a similar sum.
f) The President and the General Secretary of the S. N.D.P. Yogam for the time being in office.
g) Seven persons nominated by the Board of Directors of the S. N. D.P. Yogam.
h) One representative nominated by the SREE NARAYANA DHARMA SANGHAM and
i) Three persons eleced by the other members of the Board of Trustees.
PROVISO:-No person shall be eligible to become a TRUSTEE under this para who is a minor, or an insolvent or a person of unsound mind or a paid servant under the TRUST or any of the institutions under the TRUST or a student in any of the institutions under the TRUST or convicted by a Criminal Court for an offence involving moral turpitude.
Explanation:-1. Individuals, Institutions or organisations who have made contributions to the SREE NARAYANA COLLEGE FUND but who have not qualified themselves by such contributions to become membe
Section 92 of Code which reads public charities.
Modifications to a trust's scheme must be made under Section 92 of the Civil Procedure Code, and historical context and limitations on modifying the scheme should be considered.
Restatement of settled issues disallows reintroduction of previously excluded constituencies in Trust governance, maintaining judicial economy.
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
The court established that for a suit under Section 92 of the CPC, it is essential to demonstrate a public charitable trust, a breach of trust, and appropriate relief sought, emphasizing the protecti....
The main legal point established in the judgment is the necessity of the settlement of the scheme for the better administration of the trust under Section 50a(1) of the Trusts act, 1950, and the affi....
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