PRINCIPAL SECRETARY,GOVERNMENT OF KARNATAKA AND ANOTHER Vs. RAGINI NARAYAN AND ANOTHER
SUPREME COURT OF INDIA
Principal Secretary,Government Of Karnataka And Another
Ragini Narayan And Another
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PRAFULLA C.PANT,J. -
(1.) This appeal is directed against judgment and order dated
24.03.2010, passed by the High Court of Karnataka at Bangalore in R.F.A. No. 788 of 2009 (DEC -INJ), whereby said
Court has dismissed the appeal. The appeal before the High
Court had arisen out of the decree passed by the XXVII
Additional City Civil Judge, Bangalore, in O.S. No. 2680 of
2000, whereby the suit seeking declaration that the plaintiff is Donor Trustee, was decreed by the trial court in her favour.
(2.) Brief facts of the case are that the plaintiff (Respondent No. 1 herein) Ragini Narayan filed a suit for declaration that
after death of her husband, she is the Donor Trustee of B.M.
Sreenivasaiah Educational Trust, Bangalore (for short "BMS
Trust"). It is not disputed that late Shri B.M. Sreenivasaiah, a
philanthropist, started BMS College of Engineering in the year
1946. After his death it was his son B.S. Narayan, who was running the institution. In 1957, the institution was
transferred to BMS Trust by B.S. Narayan (since died). The
then Government of Mysore (now Government of Karnataka)
extended financial assistance to the Trust to clear its
encumbrances, and agreed to establish the BMS College for
Women by the Trust. It is stated that the appellant/
Government of Karnataka gave grant -in -aid for the three
colleges run by the Trust.
(3.) The plaintiff's case is that she is legally wedded wife of B.S. Narayan (the original Donor Trustee) as she got married
to him on 21.05.1984, after he divorced his first wife, namely,
Smt. Minnie Narayan. It is pleaded that the plaintiff
continued to live as his wife till his death on 23.08.1995. It is
further pleaded that vide Trust Deed dated 02.12.1957,
Dharmaprakasha Rajakaryasakta B.M. Sreenivasaiah
Educational Trust was created by B.S. Narayan, his mother
and step mother by transferring properties worth Rs.5000
crores. The Council of Trustees consisted of five members
(trustees) with B.S. Narayan as a Donor Trustee. In terms of
the Trust Deed B.S. Narayan and all his successors had the
right to appoint three of the trustees while the remaining one
trustee was to be appointed/nominated by the Government of
Karnataka (defendant No 2/appellant herein).;
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