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Showing contexts for: oral trust in Sri C R Hiremath vs Sri Akkamahadevi Samaja on 28 March, 2014Matching Fragments
9. It is alleged that the 1st defendant represented by its President, was nominated as one of the trustee in the 3rd defendant trust, and the said trust was formed by the said allottee, under the Trust Deed dated 12.10.1955 and the said Trust Deed was subsequently cancelled by the Registered Deed of Cancellation dated 29.7.1981. It is categorically stated in the said Cancellation Deed that the Trust Deed was void for the reason that since the registration of the document in the year 1955 for about 26 years, the Board of Trustees did not function, it did not construct any building as per the plan approved by the Trust Board and the Government Architect as per the conditions of the grant much less the Religious and Cultural activities were carried out. Further it is contended that Trustees- 2 and 4 viz., A.C. Shanthamalle Gowda, Sri Ramaiah and Sri H. Puttaswamy expired and New Trustees were not co-opted after their death, nor any approval was obtained as required under the condition of the deed of trust either orally or in writing, in the result there is no fully constituted Board. It is further contended that under the said Trust Deed, the Board of Trustees are required to submit each year the audited statement of accounts of "The Anubhava Mantapa Trust' and no such statements were ever been made or brought to Swamiji's notice since the execution of the Trust Deed; On the other hand, the Swamiji himself constructed the building for the religious and social activities and also constructed building for the use of his disciples out of the donations and free gifts given to him by his disciples. It is specifically contended in the said Cancellation Deed that the 3rd defendant never came into existence nor did it function as required by the terms and conditions of the Trust Deed.