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 th