ARIJIT BANERJEE, J. - (1.) 'Maharshi Menhi Charitable Trust ' (hereinafter referred to as the said 'Trust ') is a public charitable trust that was formed in the year 1999. Disputes and differences between the two groups of trustees of the said trust have culminated in the present suit and application.
(2.) THE undisputed facts of the case are that by a deed of declaration of trust dated 19th May, 1999, the defendant no. 1 settled the said trust. The first trustees of the said trust were the plaintiff no. 1, defendant no. 1, Smt. Kiran Bhansal, Smt. Sangita Jain and Smt. Sujata Bathwal. The objects of the said trust were as follows: - "OBJECTS The objects of the Trust shall be: I. To establish and promote the establishment of and/or to render aid to School, Colleges and other educational training institutions not for earning profits. II. To establish, support, maintain or aid technical engineering and/or commercial colleges and also schools and colleges for Science, Arts, etc. and for promotion of Science, Literature and fine arts, and for the diffusion of useful knowledge and for collection of various works of natural arts and natural history or other useful subjects not for earning profits. III. To maintain or grant aid or relief to poor and deserving peoples. IV. To provide medical aid and relief to the suffering people by aiding, establishing and/or maintaining hospitals, medical schools and colleges, dispensaries, nursing homes, clinics, sanatoriums and other institutions meant for rendering medical relief and not for earning profits. V. To establish, support, maintain or grant aid to maternity homes, child welfare centres, orphanages and widow 's homes and other institutions, associations or societies for public benefit as the Trustees may think fit and proper and not for earning profits. VI. To establish, maintain and/or grant, studentship, scholarships and other kinds of aid to poor and/or deserving students including supply of books, stipends, medals and other incentives to study and to provide food, residence and travelling expenses etc. for them. VII. To do all acts, things, arrangements that may be necessary for the purpose of advancement of education and learning and to do any other acts for the advancement of general public utility including construction and maintenance of rest houses for the benefit and relief of general public not involving the carrying on of any activity for profit, without distinction of religion sex, caste, colour and creed throughout the territory of Union of India. VIII. To publish and offer for a free circulation or sale at cost price journals, pamphlets, books and/or leaflets, that the trustees may consider desirable for furtherance of the objects of the Trust."
(3.) CLAUSES 7, 8, 9, 19, 23 and 29 of the said trust deed provided as follows: - "7. The Trustees may accept any donations or contributions in cash or kind or otherwise from the settlor on any other member of his family or any other person or persons, firms, company, society, body corporate, institution or association and for the furtherance of the public and charitable objects of the Trust or for any one or more of them, the Trustees may also takeover the management of any charitable or public institutions on such terms as they think fit and may manage such institutions for charitable purposes. 8. The Trustee shall be at liberty to sell such portion or portions of the movable or immovable properties forming part of Trust Fund by public auction at such prices and on such terms and conditions relating to title or otherwise in all respects as they may in their absolute discretion think fit and to buy or rescind or vary any contract for the sale thereto, resell the same and for that purpose to execute all necessary conveyances transfer or other documents and to pass valid and effectual receipts and discharge for all money received by the trustees and sign and execute any sale deed or other assurance on behalf of the Trust and to get the same registered according to law. 9. The Trustees may raise or borrow money required for the purpose of the trust on a mortgage, by hypothecation, pledge or pawn of the Trust properties or any part thereof with or without any security and at such rate of interest and on such terms and conditions as the trustees may in their absolute discretion think fit. 19. The trustees may at any time or times hereafter, co -opt additional Trustee/trustees not exceeding three at a time. The minimum number of Trustees will be three and the maximum number of trustees at any time will not exceed eleven. All trust properties shall vest in the additional trustee or Trustees together with the other Trustees then continuing with all power, provisions and declarations as in this deed contained and it shall not be necessary to make or execute any formal transfer of assets in his/their favour. The property shall be deemed automatically to have been transferred in favour of the incoming Trustees jointly with the other trustees. 23.(i) Meeting of the Board of the Trustees shall be held at least once in three months. (ii) Three Trustees shall form a quorum for a meeting of the Trustees. (iii) All matters will be decided by majority unless otherwise specified and in case of equality of votes, the Chairman will have casting vote. 29. For the object of the Trust or any one or more of them the trustees shall be entitled to spend the income of the Trust and/or the estate and shall not be entitled to spend the corpus of the fund or estate except with the consent of at least three forth majority of all the trustees for the time being. " By an amended declaration of trust made on 1st February, 2000, the original trust deed was amended by incorporating two clauses which are not material for the present purpose.;