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HIGH COURT OF ALLAHABAD
R.N.Ray
LORD SHRI KRISHNA SITUATED AT KATRA KESHAV DEO KRISHNA JANM BHUMI MATHURA U P
Versus
VAAMDEV JI MAHARAJ CHAIRMAN
Decided On : 23 September 1997
First Appeal No. 199 of 1996
TRUST - APPLICATION UNDER SECTION 92, C. P. C. - MAINTAINABILITY - BREACH OF TRUST - COMPROMISE DECREE - VOIDABLE DECREE - DECLARATION OF TRUST PROPERTY - MANAGEMENT OF TRUST - CRITERIA FOR ENTERTAINMENT - NECESSARY PARTIES - INHERENT INFIRMITY - APPEAL AS CONTINUATION OF SUIT.
Fact of the Case:
Plaintiffs, claiming to represent Lord Krishna, filed an application under Section 92, C. P. C. seeking permission to file a suit for removal of trustees of a trust created for the construction of a temple and other religious purposes, alleging breach of trust by entering into a compromise decree in a previous suit.
Finding of the Court:
The court held that the application under Section 92, C. P. C. was not maintainable as necessary parties of the Trust were not made parties and it also is clubbed with some inherent infirmity.
Issues: 1. Whether the application under Section 92, C. P. C. was maintainable? 2. Whether the compromise decree entered into by the trustees was a breach of trust? 3. Whether the plaintiffs had the right to represent Lord Krishna?
Ratio Decidendi: 1. The court held that the application under Section 92, C. P. C. was not maintainable as necessary parties of the Trust were not made parties. 2. The court held that the compromise decree entered into by the trustees was not a breach of trust as it was not alleged that any fraud was committed upon the parties or the Court. 3. The court held that the plaintiffs did not have the right to represent Lord Krishna as they had not been appointed as his legal representatives.
Final Decision: The court dismissed the appeal and held that the application under Section 92, C. P. C. was not maintainable.
Being aggrieved by the judgment and order passed by Sri J. C. Misra, learned District Judge, Mathura on 6-5-1994 in Misc. Case No. 234 of 1993 under Section 92 of the C. RC. This appeal was preferred alongwith the application for condonation of delay under Section 5 of the Limitation Act. The said delay con donation application was allowed on 1-5-96 by Hon. R. B. Mehrotra, J. Thereafter, it was listed for admission and hearing and also hearing regarding stay.
2. Heard the learned Counsel for the applicant, who appeared in person and argued at length and also the learned coun sel for the opposite parties relating to ad mission and also stay-matter. It was sub mitted by both the parties that at the stage of the admission-hearing, this appeal may be finally disposed of, on merits and they are ready to advance arguments to that effect and actually they had advanced the arguments to that effect.
3. Misc. Case No. 234 of 1993 arise out of an application for leave to institute the suit under Section 92, C. P. C. , which has been instituted by Lord Shree Krishna through plaintiff Nos. 2 and 3, namely, Pt. Manohar Lal Sharma, Advocate and Sri Ram Deo Verma against Sri Vamdeo Ji Maharaj and five others. The defendant No. 1 Sri Vamdeo Ji Maharaj has been described as Chairman, Acharya Sri Girraj Kishore, defendant No. 2, as Managing Trustee, Sri Vishnu Hari Dalmiya, defen dant No. 3 as Joint Managing Trustee, Sri Suresh Krishna Chandra Bhargava defen dant No. 4, as Secretary, defendant No. 5 Shri Krishna Janam Sthan Sewa Sangh (Shree Krishna Janam Sthan Sewa Sansthan) and all other present members of the Society of Shri Krishna Janam Sthan Sewa Sangh. The plaintiffs case as made out in this application under Section 92 of the C. P. C. is that Raja Patni Mal was owner of the compound locally called "katra Keshav Deo". The entire property of Katra Keshav Deo was sold by the heirs of Raja Patni Mal to Sarvan Pt. Mahamana Madan Mohan Malviya, Goswami Ganesh Dutt and Bhiken Lal Ji Atrey for Rs. 13,400/- by a registered deed on 8-2-1944. The finan cial assistance for the purchase of the property was provided by Seth Jugal Kishore Birla.
4. On 9-7-1944 a private meeting was held by Pt. Mahamana Madan Mohan Malviya on the Chairmanship of Jugal Kishore Birla, who unanimously resolved to construct a big temple of Lord Shree Krishna by collection of public funds. However, before the resolution could be implemented, Pt. Mahamana Madan Mohan Malviya expired. Then Sri Jugal Kishore Birla created a Public Trust on 21-2- 1951 and got it registered on 9-3-1951 with the following objects:-
A. Name of trust will be "shree Krishna Janam Bhumi Trust".
B. Main object of the trust is after renova tion of Katra Keshav Deo to construct Shree Krishna Temple on that place and to propagate His "geetopdesh" not only in India but in the entire world.
C. Sri Birla then appointed fifteen persons as trustees with the conditions that:-
(a) The number of trustees will be be tween 11 to 21.
(b) The then trustees will appoint other trustees per requirements.
(c) There will be one trustee from Birla family permanently, and only Birla-Familys member will replace the family-members as trustee, as and when fallen vacant.
(d) Except Birla-familys members, all other trustees will be appointed by Trust-Com mittee.
5. In the Trust deed, it is embodied that the Trust Committee will be respon sible to perform main object of the trust as well as their management, of the trust property. It had been alleged in the ap plication under Section 92, C. P. C. that the trustees committed breach of object of the trust by
entering into compromise in suit No. 43 of 1964 and, therefore, the entire body of trustees is liable to be removed. On these allegations, the plaintiffs prayed for the removal of defendant Nos. 1 to 6 from the trustee-ship and further for declara tion that the defendants are unfit, due to breach of trust and further to appoint fit and suitable persons in accordance
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