Punjab-Haryana High Court
Karnail Singh vs Bibi Ranjit Kaur And Others on 21 November, 2012
Author: Jaswant Singh
Bench: Jaswant Singh
RSA 1011/2007 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
RSA 1011/2007(O&M)
Date of decision:21/11/2012
Karnail Singh
.............Appellant
v.
Bibi Ranjit Kaur and others
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:- Mr.Harminder Singh,Advocate for the plaintiff/appellant
Mr.HNS Gill,Advocate for the contesting defendant/
respondent no.1.
Jaswant Singh,J(Oral).
Plaintiff/appellant Karnail Singh filed a suit for permanent injunction seeking to restrain the defendants and primarily contesting defendant no.1/respondent no.1-Bibi Ranjit Kaur from illegally interfering in the affairs of Vishav Gurmat Roohani Mission Charitable Trust and Atam Marg Spiritual Scientific Education Charitable Trust by imposing herself as the Chairperson; with the further prayer for declaration that the plaintiff-Karnail Singh continues to be Vice Chairman of the said two Trusts and for quashing of the letter dated 25.8.2003 removing him from the said designation.
The defendants contested the suit and more so defendant no.1 asserted that in exercise of powers as Chairperson of the two Trusts she had validly removed the plaintiff from the office of Vice RSA 1011/2007 (O&M) 2 Chairman.
On the basis of pleadings issues were framed and evidence adduced. The learned Civil Judge (Junior Division) Chandigarh vide judgement and decree dated 20.1.2007, on evaluation of the evidence, dismissed the suit and the findings were affirmed by the learned Additional District Judge, Chandigarh vide judgment and decree dated 8.3.2007.
This court after issuing notice passed an interim order dated 21.12.2007, the operative part of which reads as under:-
"Again a request for adjournment has been made by counsel for the respondent no.1, which is objected to by counsel for the appellant on the apprehension that during the pendency of the present appeal and prayer for interim relief, the funds of the Trust may not be misutilised or wasted by the respondents.
Heard learned counsel for the parties.
It is not disputed that the Trusts namely, Vishav Gurmat Ruhani Satsang Mission Charitable Trust and Atam Marg Spiritual Scientific Educational Charitable Trust, are running Schools, Colleges, langars and also the hospitals. In this view of the matter, the prayer made by the appellant that operation of accounts of the Trusts should be stopped to avoid any misappropriation or wastage of the money cannot be accepted. However, to see that the money donated by the people for welfare of the community at large is used properly, as an interim measure, it is directed that in all the financial matters, the decision shall be taken by majority of the trustees present in person in the meeting and the senior most person present in the meeting shall chair the meeting. However, it is made clear that in case respondent no.1 Bibi Ranjit Kaur is present in a meeting in person, she will chair the meeting. Notice of the meeting shall be given to the trustees by registered post."
Thereafter, CM 13388-89-C/2012 has been filed by the appellant Karnail Singh under Order 23 Rule 3 read with Section 151 CPC for disposing of the appeal on the basis of compromise dated 9.11.2012, appended as Annexure C/1 with the application, wherein it RSA 1011/2007 (O&M) 3 has been agreed that the appellant Karnail Singh would continue to be Vice Chairman of the two trusts whereas Lakhbir Singh, respondent no.2 would be the Chairman of the two trusts.
Upon notice another application no.13578-C/2012 has been filed on behalf of contesting defendant no.1 Bibi Ranjit Kaur by one Inderjit Singh alongwith his affidavit, claiming to be the General Power of Attorney holder of Bibi Ranjit Kaur. The photocopy of the original General Power of Attorney dated 9.8.2005 has also been annexed with the application. It is stated in the application that since Bibi Ranjit Kaur is 90 years old lady and unable to come to Court hence the General Power of Attorney.
CM No.13578-C/2012 is allowed. The affidavit dated 20.11.2012 of Inderjit Singh is taken on record.
Both appellant Karnail Singh and Mr.Inderjit Singh on behalf of contesting defendant Bibi Ranjit Kaur are present in Court and have been identified by their Counsel. They have admitted the contents of the aforesaid compromise deed and state that they have no objection if the present appeal is disposed of in terms of the said compromise deed Annexure C/1. Their statement to this effect has been recorded separately.
In view of the aforesaid circumstances and the agreed stand, the present Regular Second Appeal is allowed, the impugned judgements and decrees dated 20.1.2007 and 8.3.2007 passed by the learned trial Court/appellate court respectively are set aside and the present second appeal is allowed in terms of compromise Annexure C/1. Decree sheet be prepared accordingly.
21.11.2012. (Jaswant Singh) joshi Judge