ORDER

% 30.01.2024 I.A. 2203/2023-EX.

1. Exemption is granted subject to all just exceptions.

2. The plaintiff shall file legible and clearer copies of exempted documents, compliant with practice rules before the next date of hearing.

3. The application is disposed of.

CS(OS) 81/2023

4. The plaintiff, i.e. Gosain Gokul Chand Dharamshala Trust, has filed the present suit under section 34 of the Indian Trust Act, 1920 read with section 7 of the Charitable and Religious Trust Act, 1920 and section 92 and 151 CPC seeking permission to sell the property of the plaintiff trust.

5. The plaintiff trust was initially created by Smt. Bindo Devi, wife of Late Gokul Chand Gosain, with a vision that even after her death the name of her husband shall remain alive in future and hence created a trust by virtue of her registered Trust Deed dated 13.12.1956 duly registered with the office of Sub-Registrar Delhi, vide document No. 1470 in additional book No. 1 volume No. 3026 on pages 297 to 303.

6. The Trust property, i.e bearing No. 4227, Chatta Gosain Makkhan Lai, Jogiwara, Nai Sarak, Delhi-110006, was devolved upon the sole testator through her husband and after his demise as the sole legal heir, since she had no children.

7. The trust was established for the benefit of general public with the sole objective of making a dharamshala which would be used for marriages, theravi/uthawnani in case of death of any person in the locality and also as resting place/accommodation for passenger (musafir khana), and the income generated would be utilized to manage the temple made on the ground floor, drinking water tank (piyau), and to pay salary of the priest, watchman, pay house tax and other incidental charges levied by the government from time to time.

8. At the time of setting up of the trust, it was for a nobel object however with the passage of time the entire area of Chandini Chowk has been converted into a commercial hub and therefore the options of the society has changed wherein all the functions, such as uthavni, theravi and marriages etc., are performed at Banquet Halls and even people no longer wish to stay in dharamshalas.

9. On the ground floor, few shops have been made and let out. They are fetching rent of negligible amount of Rs. 1300/- to Rs. 1400/- per month, which is insufficient to maintain the trust or the trust property.

10. The composition of the Trust has changed over a period of time as under:- a. That on 09.03.1975 Sh. Vimal Pershad Gupta Father of the present managing trustee has been appointed as trustee of the trust and a supplementary trust deed was executed in 1975 copy of the resolution with it's translation is annexed herewith. b. That on 16.10.1991 Managing Trustee Sh. Sunil Gupta S/o Sh. Vimal Pershad Gupta entered into the trust for the proper management of the miscellaneous work of the trust, copy of the resolution with it's translation is annexed herewith. c. That on 22.02.2015 Trustee Sh. Anubhav Gupta S/o Sh. Sunil Gupta entered into the trust for the welfare of the trust and to give opportunity to the young members, to work for the welfare of the trust, it has been enormously decided by the trustees and trustees has passed a resolution, copy of the same has been annexed herewith. d. That on 19-12-2019 Sh. Rajeev Aggarwal S/o Sh. Tara Chand entered into the trust for the welfare of the trust and a resolution has been passed by the trustees regarding the same, copy of the same has also been annexed herewith. e. That on 05-01-2022 one of the Trustee Sh. Vimal Pershad Gupta expired and after his said demise for smooth operation of the trust it was decided by the member trustees vide resolution dated 13.02.2022 that Sh. Sanjay Sharma S/o Sh. Vidyaram be appointed as a trustee, copy of the same resolution has also been annexed.

11. A supplementary trust deed was executed on 29.11.2022 which was duly registered with the office of sub-registrar 1 and a resolution was passed, wherein it