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Clause-'9' of the original trust deed empowered the trustees to frame rules, by-laws, regulation and norms for the purpose of proper management and administration of Ashram's property, pursuant to the avowed object of the trust. The rules, norms, by-laws even if framed, should be consistent with real intention of settlor of such parent deed.

Substitution or replacement or new induction/appointment of trustee though conceivable from the express words employed in Clause-'6', leaving removal or expulsion of existing trustee conspicuously unconceivable, but the same can be easily perceived from Clause-'9' of such deed, otherwise original creator could not have removed two trustees during his life time without meeting three contingencies, as enumerated in Clause-'6'. Previous conduct of original creator in the given facts and circumstances of the case should be taken to be best guide to reveal the true intention of settlor of such deed in the matter of expulsion of existing trustee, and also to remove any ambiguity or obscurity in the matter of construction of such deed.

The essence of trust deed would be lost, if it is devoid of any provision for removal of any of the trustees for alleged misconduct and attempting to frustrate the Trust property. When respondents admitted that parent deed to be a trust one, raising no say in their written statement as regards removal of two trustees by the creator during his life time, it would stand to reasons that respondents/defendants had nothing to controvert the expulsion of two trustees by creator of trust. Inevitably then the irresistible conclusion regarding expulsion of existing trustee, though not covered by Clause-' 6', but it is perceived to covered by Clause-' 9' of such deed providing ample power, authority to trustees to expel existing trustee, what would be necessary for management and the administration of trust property bearing in mind the pious intention of original settlor of such deed.

With incorporation of Clause-'15' in such deed of appointment of trustee (20.05.1981), a new rule came to be put in for the removal, or expulsion of any of the trustees, for causing contravention of rules of the trust board, by the President of such trustees, but without detailing out the rules to be followed in seeking expulsion or removal any of the existing trustees. By incorporating Rule 14 and 15 in deed dated 20.05.1981 more and more power was vested to the President Maharaj, as regards the appointment of new trustee, and removal/expulsion of any of the existing trustee. Though First Lower Appellate Court observed that original deed of trust did not make any provision for expulsion of any existing trustee, but it kept provision for appointment of a new trustee in case of resignation, death and incapacity, but such observation will not stand to reasons keeping in view the previous conduct of the creator of the trust, who during his life time himself, expelled two of the trustees without meeting their any of the contingencies, as specially set out in Clause-'6' of such deed.

The observation of learned First Lower Appellate Court that parent deed contained no provision for removal of existing trustee, though it contained express provision for new induction of trustee, in any case is not good enough to go undisturbed, because learned First Lower Appellate Court omitted to keep in mind the past conduct of creator of trust deed, who himself removed two trustees during his life time without making adherence to Clause-'6' of parent deed, but obviously by taking recourse to Clause-'9' of such deed, otherwise the trust would have lost its entity/essentials to exist anymore. The question is thus answered in affirmative.