The main legal point established is that the fulfillment of the trust's purpose, as per the Trust Deed and the Indian Trust Act, 1882, led to the extinguishment of the trust.

JUDGMENT :

Vivek Bharti Sharma, J.

This civil revision has been filed by the revisionists/defendant no.2 and 3 against the order dated 28.11.2022 passed by 2nd Additional District Judge, Nainital in “Misc. Civil Suit No.47/2007 “Anirudh Singh Katoch vs. Ashok Singh Bisht and others”, whereby the application filed by the revisionists/defendant no.2 and 3 under Section 151 of C.P.C. to declare the Thakur Dan Singh Trust extinguished, has been dismissed.

2. Learned counsel for the revisionists/defendant nos.2 and 3 would submit that the respondent nos.1 and 2/plaintiffs filed a suit against the revisionists/defendant nos.2 and 3 and respondent nos.3/defendant no.1 with the following prayer:-

“(A) Discharge opposite party no.1 and no. 2 as Trustees of Thakur Dan Singh Bist Trust and new Trustees be appointed in their place.

(B) Restrain opposite party no.3 from acting as the Chairman of the aforesaid Trust in the interest of justice otherwise the aforesaid Trust through its Chairman would suffer irreparable loss and injury.

(C) Impound the beneficial interest of opposite party no.1 and no.2 as against themselves and all.

(D) Allow the costs of the suit be awarded to the petitioners against the opposite parties.

(E) Award any other relief for which the petitioners are found entitled be awarded to them against the opposite parties.”

3. He would further submit that Thakur Dan Singh Trust (hereinafter to be referred as the Trust) was created by Thakur Dan Singh Bisht for benefit of his three wives; that in para XII of the Trust Deed it was specifically stated that on the death of the last surviving wife, the Trust property shall be available to and vest in the surviving daughters of the Author of the Trust and/or children of predeceased daughter, if any, in accordance with Hindu Law of Succession and Inheritance Act in force; that, before filing of the suit by respondent no.1 and 2/plaintiffs, the two wives, namely, Smt. Ganga Devi Bisht and Smt. Jagatraj Kumari Bisht of Thakur Dan Singh Bisht i.e. the Author of the Trust deed had already died and during the pendency of the suit the last surviving wife Smt. Leelawati also died on 08.11.2018; that, on the death of last surviving wife of the Author of the Trust deed, the revisionists/defendant nos.2 and 3 filed an application under Section 151 C.P.C. with a prayer that as all the wives of Thakur Dan Singh Bisht i.e. the beneficiary of the Trust-deed have died and purpose of the Trust is fulfilled, therefore, as per para XII of the Trust deed, the purpose of the Trust is fulfilled, therefore, the suit is not sustainable and is liable to be dismissed; that the learned Trial Court vide its order dated 28.11.2022 dismissed this application.

4. Learned counsel for the revisionists/defendant nos.2 and 3 would further submit that as per Section 77 of the Indian Trust Act, 1882, the Trust has extinguished as its purpose is completely fulfilled.

5. Learned counsel for the respondent no.1/plaintiff would submit that in holistic interpretation of para XII of the Trust Deed it is amply clear that after the death of all the wives of Author of the Trust, the property of the Trust shall vest in the surviving daughters and/or the children of daughter who predeceases the wives of Thakur Dan Singh Bisht, the Author of the Trust deed. Therefore, merely by death of all the three wives of the Author of the Trust Deed the purpose of the trust is not fulfilled.

6. Mr. Piyush Garg, learned counsel for the respondent no.2/plaintiff no.2 would submit that he has filed a short counter affidavit wherein at para 3 and 4 he has specifically stated that on 30.03.1963 Late Thakur Dan Singh Bisht had executed a registered Trust deed for sole purpose of maintenance of his three wives during their lifetime and it was also stipulated in the Trust deed that after the death of all the wives of Thakur Dan Singh Bisht, the purpose of the Trust would be fulfilled and the property would vest in the daughters and grandchildren as stated in