JUDGMENT :

Rohit Ranjan Agarwal, J.

1. Heard Sri Anil Sharma, learned Senior Counsel, assisted by Sri R.M. Saggi, learned counsel for the appellant and Sri P.K. Giri, learned Additional Chief Standing Counsel for the respondents.

2. This case has a long chequered history. A brief narration of the case is necessary for better appreciation of the case, which are as under:-

3. On 06th June, 1946, Baijnath Tandon, Kedarnath Tandon and Rajnath Tandon sons of one Lala Lallumal created a trust named ‘Tandon Trust’ in memory of Smt. Hira Devi and Lala Lallumal consisting of immovable properties with the object of encouraging education, culture, study of Hindu Religion, Philosophy and Social Service in order to perpetuate the memory of the grand mother and father of the Authors of the Trust.

4. The Trust consisted of the original nine trustees who were to manage the properties of the Trust. Para 7 provided for the vacancy caused in case of a trustee is removed, the same was to be filled according to the provisions of Indian Trust Act, 1882.

5. On 29.01.1966, two of the trustees, Dr. Govardhan Das Agarwal and Manohar Lal Shahaney applied to the Court of District Judge, Jhansi under Section 3 of the Charitable and Religious Trusts Act, 1920 (hereinafter called as “Act of 1920”) claiming the opposite parties, who were the other trustees, to furnish to the Court the full particulars as regards the nature and objects of the Trust, of the value, condition, management and application of all Trust properties, of the income that has arisen from the said property so far, directing Accounts of the Trust properties and money to be taken, examined and audited. The said case was registered as Case No.32 of 1966.

6. In the said Suit, opposite party no.8, Kailash Narain Shivpuri moved an application under Section 5 (3) of the Act of 1920 and gave an undertaking for instituting a suit for declaration before the Civil Court. The District Judge, on 17.08.1968, passed an order staying the proceedings of Case No.32 of 1966 and granted time for filing declaratory suit.

7. Kailash Narain Shivpuri, thereafter, filed an Original Suit No.1268 of 1968 in the Court of Munsif, Jhansi seeking a relief of declaration to the effect that the Trust in Suit (Misc. Case No.32/66-67 of the Court of District Judge, Jhansi) is not one to which the Act, 1920 applies. In the said Suit, both Dr. Govardhan Das Agarwal and Manohar Lal Shahaney, who were the plaintiffs in Case No.32 of 1966 were arrayed as the defendants. The said Suit was contested and the trial Court vide judgment and decree dated 17.05.1971 dismissed the Suit. Against the said judgment, First Appeal No.121 of 1971 was filed by Kailash Narain Shivpuri.

8. During the pendency of the said proceedings, six out of living eight trustees moved an application under Section 4 (1) of the Charitable Endowment Act, 1890 (hereinafter called as “Act of 1890”) for including and declaring a trust as Charitable Trust. A Government Notification was made on 07.07.1972 through Treasurer, Charitable Endowment, U.P. including the trust as a Charitable Endowment. Scheme of Administration was drawn and Committee of Management was constituted which was headed by the District Magistrate. The notification was published in the Gazette on 15.07.1972. The Additional District Judge, Jhansi on 05.08.1974 dismissed the appeal filed by Kailash Narain Shivpuri.

9. Against the said judgment, a second appeal being Second Appeal No.2655 of 1974 was preferred. This Court vide judgment dated 21.10.1981 set aside the judgment and decree passed by both the Courts below while allowing the appeal and decreed the Suit filed by Kailash Narain Shivpuri, holding that the Tandon Trust was not the trust for charitable purpose so as to be governed by the provisions of Act of 1920.

10. The judgment rendered by this Court was not challenged by any of the trustee or the State. One of the trustees Kailash Narain Tandon moved an application on 20.09.1990, before the Collector