Ashim Kumar Banerjee, J. - (1.) NOTE:
(2.) FIVE appeals as above, would relate to the common judgment and order impugned passed by the learned Single Judge on August 24, 2012. We heard the appeals analogously and would dispose of the said appeals by the forgoing judgment and order. For the purpose of reference to the page numbers we would refer to Appeal No. 438 of 2012. FACTS: Mutti Lall Seal, a rich Bengali gentleman in the early part of 19th century created a Public Charitable Trust for a period of 99 years. He executed the Deed of Trust in 1948 for the purpose of carrying Deb Seba and other charitable activities for a period of 99 years that came to an end on February 20, 1948. The heirs of Mutti Lall Seal created a further Trust executed on January 28, 1947 just prior to the expiry of the period mentioned in the earlier Deed of Trust. The settlors decided to carry on the religious and charitable activities as was done before, in deference to the desire of late Mutti Lall Seal. The Deed of Trust dated January 28, 1947 would appear at page 30 -67 of the Paper Book. As per the Deed of Trust, the Board of Trustees would be formed in every five years interval when new trustees would be appointed. The Board of Trustees would be constituted by ten members, three from Panna Lall group, three from Kanai Lall group and rest four from Gobinda Lall group. The manner of selection and/or election of the Trustees as provided in the Deed of Trust were as follows; The Trustees shall be appointed by 'voting' in the manner of election, from out of the family branches of Late Panna Lall Seal and Late Kanai Lall Seal, but be it known that the three Trustees appointed from the family branch of Late Kanai Lall Seal shall be competent to act as Trustees as long as they are alive, should they so desire. Trustees shall be appointed every five years by rotation from the family branches of Gobinda Lall Seal and this rotation shall commence with the eldest son.
(3.) THESE appeals would relate to a dispute with regard to selection of the fourth Trustee from the branch of Gobinda Lall for the year 2012 to 2017.;