Case Note & Summary
The present appeal arises from an order dated 29.05.2018 passed by the learned Single Judge in WP No.85687/2013. The appellant, Sardar Veerangouda Patil Mahila Vidya Peeth, represented by its trustee and authorised person Sri Premanand Veeranagouda Patil, filed this intra-court appeal against the order of the learned Single Judge. The respondent is Basantkumar S/o. Thimmanagouda Patil. The appellant had filed an application under Sections 3 and 7 of the Charitable and Religious Trust Act, 1920 read with GO No. EKAROP SHASHAN-CR-72/2003-04 dated 04.06.2005 seeking declaration regarding trusteeship. The learned Single Judge allowed the writ petition in part, setting aside the order of the District and Sessions Court which held that the petitioner is a trustee for five years. The Single Judge modified the declaration that only the Chairman is entitled to be a Life Trustee, holding that the Chairman Smt. Laxmibai and the petitioner, having been appointed prior to 29.04.1996, are entitled to hold the office of trusteeship for life as provided under bye-law 6 till they are capable of holding the office. The appellant challenged this order. The court, after hearing the parties, allowed the appeal and set aside the order of the learned Single Judge, thereby dismissing the writ petition. The court held that the Chairman and the petitioner are entitled to life trusteeship under bye-law 6.
Headnote
A) Trust Law - Life Trusteeship - Interpretation of Bye-Law 6 - Charitable and Religious Trust Act, 1920, Sections 3 and 7 - The dispute pertained to whether the Chairman and the petitioner, appointed prior to 29.04.1996, are entitled to hold trusteeship for life under bye-law 6. The court held that they are entitled to hold the office of trusteeship for life as provided under bye-law 6 till they are capable of holding the office. (Paras 2-3)
B) Trust Law - Appointment of Trustees - Validity - Charitable and Religious Trust Act, 1920, Sections 3 and 7 - The issue was regarding the validity of appointment of trustees and the term of office. The court modified the declaration that only the Chairman is entitled to be a Life Trustee, holding that both the Chairman and the petitioner, having been appointed prior to 29.04.1996, are entitled to life trusteeship. (Paras 2-3)
Issue of Consideration
Whether the Chairman and the petitioner are entitled to hold the office of trusteeship for life under bye-law 6 of the trust.
Final Decision
The appeal is allowed. The order dated 29.05.2018 passed by the learned Single Judge in WP No.85687/2013 is set aside. The writ petition is dismissed.
Law Points
- Life trusteeship
- Charitable trust
- Bye-law interpretation
- Appointment of trustees
- Charitable and Religious Trust Act
- 1920
Case Details
2018 LawText (KAR) (10) 25
Writ Appeal No.100192/2018 [GM-R/C]
B. Veerappa, H.T. Narendra Prasad
S.S. Naganand (Senior Advocate for Sri. Shrikant T Patil, Adv.) for appellant; M.T. Nanayya (Senior Advocate for Sri. K L Patil, Adv. for C/R) for respondent
Sardar Veerangouda Patil Mahila Vidya Peeth, Vidya Nagar, Hubli, R/by Trustee and Authorised Person Sri Premanand Veeranagouda Patil
Basantkumar S/o. Thimmanagouda Patil
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Nature of Litigation
Intra-court appeal against order of learned Single Judge in writ petition concerning trusteeship of a charitable trust.
Remedy Sought
Appellant sought to set aside the order of the learned Single Judge dated 29.05.2018 in WP No.85687/2013 and dismiss the writ petition with costs.
Filing Reason
Appellant challenged the order of the learned Single Judge which modified the declaration regarding life trusteeship, holding that both Chairman and petitioner are entitled to life trusteeship under bye-law 6.
Previous Decisions
The learned Single Judge allowed the writ petition in part, setting aside the order of the District and Sessions Court which held that the petitioner is a trustee for five years, and modified the declaration that only the Chairman is entitled to be a Life Trustee, holding that Chairman Smt. Laxmibai and the petitioner, appointed prior to 29.04.1996, are entitled to hold office for life under bye-law 6.
Issues
Whether the Chairman and the petitioner are entitled to hold the office of trusteeship for life under bye-law 6 of the trust.
Submissions/Arguments
Appellant argued that the order of the learned Single Judge was erroneous and should be set aside.
Respondent supported the order of the learned Single Judge.
Ratio Decidendi
The Chairman and the petitioner, having been appointed prior to 29.04.1996, are entitled to hold the office of trusteeship for life as provided under bye-law 6 till they are capable of holding the office.
Judgment Excerpts
The present appellant, who is the respondent before the learned Single Judge, has filed this intra-court appeal against the order dated 29.05.2018 made in WP No.85687/2013 by the learned Single Judge of this Court, allowing the writ petition in part, thereby the order of the District and Sessions Court holding that the petitioner is a Trustee for five years is set-aside.
The further declaration that the only Chairman is entitled to be a Life Trustee is modified and it is held that the Chairman Smt. Laxmibai and the petitioner having been appointed prior to 29.04.1996 are entitled to hold the office of the Trusteeship for life as provided under bye law-6 till they are capable of holding the office.
Procedural History
The appellant filed an application under Sections 3 and 7 of the Charitable and Religious Trust Act, 1920 before the Principal District and Sessions Judge, Dharwad. The District and Sessions Court held that the petitioner is a trustee for five years. The respondent filed WP No.85687/2013 before the High Court. The learned Single Judge allowed the writ petition in part on 29.05.2018, modifying the declaration. The appellant filed this intra-court appeal under Section 4 of the Karnataka High Court Act, 1961. The appeal was heard and reserved for judgment on 24.09.2018, and pronounced on 11.10.2018.
Acts & Sections
- Charitable and Religious Trust Act, 1920: 3, 7
- Karnataka High Court Act, 1961: 4
