Establishing a public trust under CPC Section 92 requires clear prima facie evidence of trust existence; without this, applications are not maintainable.

JUDGMENT :

M.A. ABDUL HAKHIM, J.

1. This appeal is filed against the order dismissing O.P. No.7/2022, filed seeking leave to institute the suit filed by the appellants under Section 92 of the Code of Civil Procedure. The appellants filed the Original Petition seeking leave, alleging mismanagement of the 1^st respondent Society on the allegation that directions of the Court are necessary for the administration of the 1^st respondent Trust.

2. The appellants/petitioners were two among 169 ordinary members of the 1^st respondent Society. The 1^st respondent Society is registered under the Societies Registration Act, 1860, in the year 1964 as per Registration No.38/1964. The petitioners’ claim is that they are ordinary members of the 1st respondent Society as per Membership Nos. 141 and 202; that they used to renew their membership but the 13^th defendant who is the Secretary of the 1^st respondent sent a letter dated 20.09.2022 to them returning the cheques for the renewal fee and informing that O.S No.11/2015 before the Sub Court Hosdurg was settled on 05.09.2019 and as per the settlement, the membership to the society would be restricted only for life members and there would be no ordinary members since 2019 and hence the application for renewal of membership cannot be considered. The contention of the petitioners is that Swami Nithyananda who had his Samadhi in the year 1961 was a great asserting Yogi with large number of devotees and followers; that there were substantial contributions to the fold of Swami and that thus assets came into existence on which Swami had ostensible ownership but the beneficial interest vested with general public to be used for the general welfare of the public. The public trust so created, after the samadhi of the said Swami was required to be managed properly and hence the same was registered as a charitable society under the name “Sree Nithyananda Vidya Kendra” dedicated to Swami's ideals; that even if the trust is registered as a society, it by itself will not change the character of the trust as that of a society.

3. It is revealed from the pleadings that the Society originally started a Polytechnic with the name Swami Nithyananda Polytechnic in the year 1966 and a Self-Financing Engineering College under the name “Sadguru Swami Nithyananda Institute of Technology in the year 2010 at Kanhangad and the Engineering College is not functioning now. The management of the educational institution owned by the Society, including appointment of staff, fixing of salary, disciplinary power, etc., is vested with the Society. The Director Board of the Society are selected by the members of the General Body in the Annual General Body meeting to be held as per Clause 10 of the Byelaw of the Society at the Ashram Premises at Kanhangad. The term of the Director Board is three years from the date of election. The Director Board is to have a minimum strength of 8 members and a maximum strength of 31 members as decided by the General Body. The office bearers of the Society are President, Vice President, Secretary, Joint Secretary and Treasurer, who have to be elected from among the elected members of the Director Board. Under clause 5 of the Byelaw, the General Body shall be made up of two class of members namely, life members who have to pay a onetime lifetime membership fee of Rs.5,000/- and ordinary members who have to pay one-time admission fee of Rs.1,000/- with annual renewal membership fee of Rs.101/-. Clause 11 of the Bye-law provides that any amendment of the Bye-law can be effected only by the General body of the Socie