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three members but at the time of filing of the present petition there were only two trustees and, therefore, the present petition is not maintainable. On this aspect, law is settled.

Section 48 of Indian Trusts Act, 1982 provides as under:-

48. Co-trustees can not act singly- When there are more trustees than one, all must join in the execution of the trust, except where the instrument of trust otherwise provides.

The sub-clause - (g) of Clause-8 of the Trust Deed in favour of petitioner no. 1 provides as under:-

E no. 98/2009 Page 10/26
Rukmani Devi Jaipuria Charitable Trust Vs. M/s. Sobha Singh Sadhu Ram & Anr.
(g). There shall be a quorum when two Trustees are present at any meeting. Pending any vacancy the Trustees for the time being not less in number than a quorum may act for all purposes in the administration of the Trust and may exercise all or any of the authorities, powers and discretions vested in the Board of Trustees by these presents.

Thus, it is clear from the Trust Deed itself where it has been provided that the pending vacancy, the remaining trustees can act upon on behalf of petitioner no. 1 subject to their number should not be minimum to the quorum which was fixed under Trust Deed. The quorum has been fixed as minimum of two trustees. There is no denial of the fact that the other trustees i.e. Smt. Rukmani Devi Jaipuria was died at the time of filing of the present eviction petition. The present petition has been filed under the signature of petitioners no. 2 & 3 that is the remaining two trustees. Thus, it can be safely held that the legal objection so raised has no merit.