MANAGEMENT COMMITTEE T K GHOSHS ACADEMY Vs. T C PALIT

JUDGEMENT

(1.) A decree for ejectment from the premises in dispute and for recovery of Rs. 7,163/12/3 was awarded by learned Additional Sub-Judge Patna in favour of the two plaintiff-respondents against the Board of Trustees. T. K. Ghosh's Academy Patna and other defendants. On appeal filed by some of the defendants the Patna High Court set aside the decree for ejectment. The amount for the recovery of which decree had been awarded by the trial Court was also reduced to Rs. 3,725/2/-. The present appeal has been filed on certificate by the Managing Committee T. K. Ghosh's Academy and other defendants against the decision of the High Court.

(2.) The two plaintiff-respondents are the sons of Shri Jadu Nath Palit who founded in 1876 a school known as T. K. Ghosh's Academy. The school attracted some of the best students and Dr. Rajendra Prasad, Dr. B. C. Roy, Mr. Hasan Imam and Mr. Sachidanand Sinha received their education in this school. The school was run in premises which originally belonged to one Mr. Boilard. Shri Jadu Nath died in 1901 leaving behind three minor sons, two of whom were the plaintiff-respondents and the third was their brother Dr. K. L. Palit. After Jadu Nath's death ,the management of the school was looked after by the sons of Shri T. K. Ghosh in whose memory the school had been founded. Shri T. K. Ghosh was the brother-in-law of Shri Jadu Nath. A Managing Committee was formed by the sons of T. K. Ghosh for the management of the school in 1905 or 1906. Neara bout 1914 the management of the school was taken over by Shri Jadu Nath's sons. In 1918-19 the Managing Committee of the school was reformed under the directions of the Board of Secondary Education. On September 11, 1919 the school building was purchased by the three sons of Shri Jadu Nath from Mr. Boilard as per sale deed Ex. C. On July, 28, 1930 Dr. K. L. Palit sold his share in the school building in favour of his two brothers, viz., the plaintiff-respondents, as per sale deed Ex. Cl. On August 13, 1950 the two plaintiff-respondents executed Deed of Trust Ex. P. appointing Rai Bahadur Nirmal Chandra Ghosh, Retired District and Sessions Judge and six other as trustees of the school. The object and the subject matter of the trust would be clear from the following:

(3.) The suit was contested by defendants Nos. 2, 3, 7 and 12 in their capacity as members of the Managing Committee. The other defendants, including the trustees, did not contest the suit. According to the contesting defendants, there was no relationship of landlord and tenant between the plaintiffs and T. K. Ghosh's Academy and its Managing Committee. It was also stated that there was no contract to pay the rent of Rs. 287/8/- per month. The Deed of Trust was stated by the contesting defendants to be fraudulent. illusory and void document. According further to the contesting defendants the school was founded by the father of plaintiffs for the uplift of education and for public good with no motive to derive any personal benefit. The building was also stated to have been dedicated by the founder for the use of the public.