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It was mentioned in Clause-'6' of such deed of trust that in the event of tendering resignation by any of the trustees, or sudden death of trustee, or any incapacity rendering a trustee to be incapable from discharging his duty, remaining trustees would induct/appoint new trustee in place of previous trustee. As per Clause-'9' of such deed of trust, the trustees would perform all such acts, framed rules as are necessary for proper administration of the trust.

During the lifetime of Shri Swami Krishnananda Maharaj, he had the occasion to remove two (2) of such trustees, but against which there could not be any substitution of trustees. The creator of such trust namely Swami Krishnananda Maharaj, left for his heavenly abode on 24.10.1963. After the demise of the creator, Swami Shrimat Swatmananda Maharaj and Fakir Gorai, came to be inducted as new trustees by the surviving trustees on the strength of resolution dated 13.12.1964. Swami Swatmananda Maharaj was, however, elected as president of the trust. Subsequently, by reason of attainment of contingencies occurred for expressing inability to perform as trust, death or incapacity of trustees, there had been reduction in the number of trustees, and when four (4) surviving trustees of the Board of Trustees namely Swatmananda Maharaj, Swami Suddhananda Maharaj, Fakir Garai and Swetketu Mukhopadhyaya included eight (8) persons as new trustees, raising the number of trustees to twelve (12). A new deed was thus, registered on 20.5.1981, as regards the appointment of such new trustees incorporating therein the terms and conditions of the deed of trust after renaming the trust as "Shri Shrimat Krishnananda Trust".

Adverting to Clause-'6' and Clause-'9' of such trust deed, learned advocate for the appellants submitted that the Clause-'6' of the original trust deed having stipulated that on the death, resignation and incapacity of any trustee, the majority trustee would appoint/induct new trustee. The surviving trustees after the demise of creator of original deed in terms of the Clause, enumerated in Clause-'9' of such deed, performed all such acts bearing in mind the avowed object of the trust property for due management and administration of the trust property. It was thus submitted that conjoint reading of both the Clauses, shown in Clause-'6' and Clause-'9', would clearly reveal that it was well within the ambit and power of majority trustees to induct new trustee including removal and expulsion of any of the trustee. The expulsion or removal of the trustee for making alleged contravention of the rules pertaining to the management and administration of the trust property, according to appellants, was perceived to be embedded in Clause-'9', as incorporated in the trust deed referred above.

After the demise of Swami Krishnananda Maharaj i.e. the original creator of trust, by a resolution dated 13.12.1964, Srimat Swatmananda Maharaj was inducted as trustees with another in the board of trustees by surviving trustees, and Swami Swatamananda Maharaj was elected subsequently as President/Adhyaksh of such trust property.

With the passage of time and also being prompted by the necessity of time for maintaining the affairs of Ashram's property, and also for proper management and administration of the trust property, Swami Swatamananda Maharaj appointed new trustees by a deed dated 20.05.1981, raising the number of trustees from 7 to 12, and subsequently by another deed of appointment of trustees, dated 30.09.1997, further inducted new trustees raising the number of trustees to 14.

The original creator of Parent Deed by reason of incorporation of Clause-'6' kept his right reserved during his life time as regards the replacement/substitution of trustee in the event of death or resignation being occurred to any of the trustees, and after the death of the creator or for his incapacity, the remaining trustees (surviving trustees) could only appoint the new trustee in respect of the vacancies so occurred. The surviving trustees were thus left with the authority to appoint new trustee upon reaching three (3) eventualities like death, resignation or incapacity of the trustees only after the demise of the creator of such deed. Alternatively it may be put in this way that the power to appoint new trustee by the surviving trustees is only exercisable on three (3) contingencies, as already enumerated in Clause-6, and such power is exercisable by the surviving trustees jointly by a majority vote.