- (1.) R. N. Ray, J. Being aggrieved by the judgment and order passed by Sri J. C. Misra, learned District Judge, Mathura on 6-5-1994 in Misc. Case No. 234 of 1993 under Section 92 of the C. RC. This appeal was preferred alongwith the application for condonation of delay under Section 5 of the Limitation Act. The said delay con donation application was allowed on 1-5-96 by Hon. R. B. Mehrotra, J. Thereafter, it was listed for admission and hearing and also hearing regarding stay.
(2.) HEARD the learned Counsel for the applicant, who appeared in person and argued at length and also the learned coun sel for the opposite parties relating to ad mission and also stay-matter. It was sub mitted by both the parties that at the stage of the admission-hearing, this appeal may be finally disposed of, on merits and they are ready to advance arguments to that effect and actually they had advanced the arguments to that effect. Misc. Case No. 234 of 1993 arise out of an application for leave to institute the suit under Section 92, C. P. C. , which has been instituted by Lord Shree Krishna through plaintiff Nos. 2 and 3, namely, Pt. Manohar Lal Sharma, Advocate and Sri Ram Deo Verma against Sri Vamdeo Ji Maharaj and five others. The defendant No. 1 Sri Vamdeo Ji Maharaj has been described as Chairman, Acharya Sri Girraj Kishore, defendant No. 2, as Managing Trustee, Sri Vishnu Hari Dalmiya, defen dant No. 3 as Joint Managing Trustee, Sri Suresh Krishna Chandra Bhargava defen dant No. 4, as Secretary, defendant No. 5 Shri Krishna Janam Sthan Sewa Sangh (Shree Krishna Janam Sthan Sewa Sansthan) and all other present members of the Society of Shri Krishna Janam Sthan Sewa Sangh. The plaintiff's case as made out in this application under Section 92 of the C. P. C. is that Raja Patni Mal was owner of the compound locally called "katra Keshav Deo". The entire property of Katra Keshav Deo was sold by the heirs of Raja Patni Mal to Sarvan Pt. Mahamana Madan Mohan Malviya, Goswami Ganesh Dutt and Bhiken Lal Ji Atrey for Rs. 13,400/- by a registered deed on 8-2-1944. The finan cial assistance for the purchase of the property was provided by Seth Jugal Kishore Birla. On 9-7-1944 a private meeting was held by Pt. Mahamana Madan Mohan Malviya on the Chairmanship of Jugal Kishore Birla, who unanimously resolved to construct a big temple of Lord Shree Krishna by collection of public funds. However, before the resolution could be implemented, Pt. Mahamana Madan Mohan Malviya expired. Then Sri Jugal Kishore Birla created a Public Trust on 21-2- 1951 and got it registered on 9-3-1951 with the following objects:- A. Name of trust will be "shree Krishna Janam Bhumi Trust". B. Main object of the trust is after renova tion of Katra Keshav Deo to construct Shree Krishna Temple on that place and to propagate His "geetopdesh" not only in India but in the entire world. C. Sri Birla then appointed fifteen persons as trustees with the conditions that:- (a) The number of trustees will be be tween 11 to 21. (b) The then trustees will appoint other trustees per requirements. (c) There will be one trustee from Birla family permanently, and only Birla-Family's member will replace the family-members as trustee, as and when fallen vacant. (d) Except Birla-family's members, all other trustees will be appointed by Trust-Com mittee.
(3.) IN the Trust deed, it is embodied that the Trust Committee will be respon sible to perform main object of the trust as well as their management, of the trust property. It had been alleged in the ap plication under Section 92, C. P. C. that the trustees committed breach of object of the trust by entering into compromise in suit No. 43 of 1964 and, therefore, the entire body of trustees is liable to be removed. On these allegations, the plaintiffs prayed for the removal of defendant Nos. 1 to 6 from the trustee-ship and further for declara tion that the defendants are unfit, due to breach of trust and further to appoint fit and suitable persons in accordance with the terms of the trust deed and further to direct the defendants to furnish accounts of the trust-properties and to direct the entire assets of the trust to transfer to new trustees. The defendant No. 4 Suresh Krish na Chandra Bhargava filed objection against the application for granting leave under Section 92, C. P. C. wherein all the allegations were denied and inter alia it was contended that the plaintiff No. 1 has been improperly impleaded and the plaintiffs had no right to sue on behalf Lord Krishna. The defendant No. 4 has been improperly described as Secretary of Shree Krishna Janam Sthan Sewa Sangh through he is Secretary of Shree Krishna Janam Sthan Sewa Sansthan, the trustees of Sri Krishna Janam Bhumi Trust in which all the properties of Katra Keshav Deo have been vested, have not been impleaded, defen dant Nos. 1,2 and 4 are not the trustees of Shree Krishna Janam Bhumi Trust nor they are members of Shree Krishna Janam Sthan Sewa Sansthan. The defendant No. 2 Acharya Girraj Kishore is neither manag ing trustee, nor trustee of Shree Krishna Janam Bhumi Trust and as such, he prayed for rejection of that application with costs,;