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Showing contexts for: working trustee in Smt. Nand Bai Gupta vs Dr. Vinay Gupta 8 Fa/99/2007 Deepchand ... on 30 August, 2019Matching Fragments
8. A plain reading of Clause 28 of the trust deed goes to show that it is regarding vacancy of trustee and as per this clause surviving adult male or female members of the families of the settler's brothers Shree Sheodayal and Shree Ambika Prasad shall be appointed as trustee and only in their absence or on their refusal any outsider shall be appointed to such vacancies".
9. Looking to effect of both Clauses 18 & 28, it is clear that working trustee/Chairman shall be from family of Shri Sheodayal and Ambika Prasad. It is not a case that it is one time settlement, therefore, argument on behalf of the appellant on this count is not acceptable.
10. A bare reading of clause 24 of the trust deed goes to show that same in not related to appointment of trustee or working trustee/chairman. Clause 24 of the trust deed is related to any resolution in writing circulated amongst all the trustees. This clause is related to working of trust and same is not related to appointment of trustee or working trustee.
11. In the present case, there was vacancy of working trustee after resignation of Nand Bai. From the order of the Registrar, Public Trust, it is clear that the order is passed by this court in writ petition (227) No. 724 of 2013 that interpretation of trust deed is required in accordance with law. The Registrar interpreted Clause18 and recorded a finding that surviving adult male or female members of the families of the settler's brothers Shree Sheodayal and Shree Ambika Prasad shall be appointed for Managing Trustee. The order passed by the Registrar is well within its jurisdiction as per Section 25(2) of the M.P. Public Trust Act, 1951 and same has no bearing with Section 23 of the said Act as argued on behalf of the appellant. The Court of Additional District Judge is right in holding that interpretation of Registrar is proper looking to the provisions of Clause 18 of the Trust Deed.