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7. Whether they further prove that defendant No.2 has illegally appointed the defendant No.3 as life trustee under the amendment deed of trust dt.01-01-1998?
8. Whether the defendant No.2 proves that he is appointed as Adhyaksha and selected as managing trustee, as such he is competent person to hold two posts as contended in para 5 of the written statement?
9. Whether the plaintiffs further entitled to the declaration that amendment trust deed dt.28-02-2008 registered between defendant No.2 and 3 in the year 2006-07 is illegal, arbitrary and is void ab-initio and not binding on any one of the trustees?
11. Whether the plaintiffs entitled to mandatory injunction to cancel the amendment of trust deed dt.28- 02-2008?
12. What order or decree?
Additional Issues
1. Whether the defendants prove that the general body meetings were duly held on 27-12-2007 and on 10- 02-2008?
2. Whether defendants further prove that the plaintiffs were present in the said two meetings held 10- 02-2008?"

9. The respondents/plaintiffs produced respondent No.3/plaintiff No.3 as PW.1, their sole witness and filed Exhibits P1 to P11 including the Original Trust Deed (Exhibit P10(a)), Notices (Exhibit P2); and the Amendment to Trust Deed of 01.01.1998 (Exhibit P11(a)) and the amended Trust Deed dated 28.02.2008 (Exhibit P1). The appellants/defendants, however, did not lead any evidence before the learned Trial Court.

"9. I submit that according to the Trust Deed, this stands amended as on 01.01.1998, the life trustees of the trust are only two in numbers, namely the defendant No.2 herein and one Sri.T.S.Shamarao. These Life Trustees do not have any manner of right whatsoever to appoint one more life trustee. According to the said trust deed after the tenure of life trustees, the appointment of any other person as trustee shall hold good only for a period of five years. The post of life trustee is not a hereditary post and the appointment to the vacancy to the same NC: 2026:KHC:24100-DB HC-KAR is regulated by the trust deed according to which, the appointment of any persons to such vacancy can hold office for a period of five years like other trustees. Likewise, if any amendment to the Trust Deed is to be carried out there has to be a resolution passed in a meeting of board of trustees with 3/4th majority of the trustees present in the meeting and also it is provided in the trust deed that any amendment that has to be carried out should not be repugnant to the provisions of Section 2(15), Section 11 to 13 and Section 80(g) of the Income Tax Act 1951. Further, it is also mandatory to obtain prior approval of Income Tax Department to carryout any amendment to the Trust Deed.
"Sri Chidambarashrama Trust, Gubbi AMENDMENT OF TRUST DEED This amendment of trust deed is made and executed on 28th February 2008 Chidambara Ashrama Trust represented by its President, Managing trustee-and-Sole Trustee Srl.Shivachidamabara Sharma Whereas the by a deed of Trust dated:29-04-1990 the above said trust was constituted and the same was registered in the office of the Sub Registrar: Gubbi vide document NO.494/90-91 in book-1 Vol.9AR52 at pages 71- 76 herein after called the principal Deed NC: 2026:KHC:24100-DB HC-KAR Whereas Chidambarashrama Trust has convened an Annual General Body meeting at Chidambarashtama Gubbi on 23rd December 2007, followed by yet another general body meeting on 10 February 2008. In the said meeting the committee has discussed several subject matters touching the objectives enumerated in the will of HH Sri Chidambara Swamiji, the founder of Sri Chidambarashrama and the Trust-Deed arrived there from and passed a resolution authorizing the sole surviving Life trustee and the present president/Managing Trustee Sri Shivachidambara Surma to appoint another suitable Life Trustee to the Trust. Further, Sri Sivachidambarasarma was also empowered to appoint other trustees and to amend the existing trust deed for ensuring the continued fulfilment of the objectives of the Ashrama in accordance with the guidelines laid down by H H Swamiji in his registered will which establishes the basic legal structure for the Ashrama xxx xxx xxx Now this Amended Trust deed witnesses as follows:-