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Showing contexts for: declaration of trust in Noor Educational Trust vs M/S. Z.N.S Builders And Developers on 7 January, 2022Matching Fragments
4. Later, to achieve the aims and objectives of the Society in more efficient way, it was decided to dissolve the Society in a General Body Meeting held on 01.04.2002 by passing a resolution, and, after its dissolution, in its place, Mirza Ahmed Baig constituted a trust, namely, "Noor Educational Trust", registered under Deed of Declaration dated 09.04.2002, vide Document No.34/IV/2002 of Sub-Registrar, Azampura, represented by its trustee - Mirza Mohammed Hussain Baig and M/s.ZNS Builders and Developers - second defendant was the signatory to the registered trust deed.
5. It is the case of the plaintiff that the Deed of Declaration of Trust was registered on 09.04.2002, and thus, the acts of the first defendant to claim the existence of Society even after 01.04.2002, are false. Mr.Mirza Ahmed Baig died on 25.07.2017. Thereafter, the first defendant continued to be the trustee of the Trust, fabricated document in the form of antedated letter and finally brought into existence the void sale deed dated 06.07.2002 vide Document No.10365 of 2021 of Sub-Registrar, Farooqnagar, and therefore, the plaintiff - Trust filed O.S.No.72 of 2021 on the file of the learned I Additional District Judge, Mahabubagar, for declaring the sale deed as void, abinitio and is not binding on the Noor Educational Trust and also to restrain Defendant Nos.1 to 3 from interfering into peaceful possession of the suit schedule property of the Trust and for perpetual injunction.
10. The respondents would further submit that on 05.02.2021 the Society represented by its Joint Secretary entered into a rental agreement with the Principal/Special Officer of MJPTBCW Residential School, Shadnagar, leasing out its defunct buildings, and thus, the Society was an active body organization at the time of execution of sale deed. They would also contend that the Trust Declaration Deed was executed on 09.04.2002 and as such Society was dissolved before declaration of Trust was signed on 09.04.2002 and thus, the very author of Trust was a non-existing entity as on 09.04.2002. As such the Deed of Trust is void and ab initio as per the Indian Trusts Act, 1882.
11. According to the respondents, though in the Trust Deed it was declared to be a 'Family Trust', the objects of the Trust indicate that it was set up for a greater public interest of education. The ownership titles of the Noor College of Engineering and Technology and Noor P.G. College of Computer Sciences are still remaining with the Society before execution of sale deed on 06.07.2021. Moreover, mere registration of the Trust Declaration Deed does not confer any right upon the Trustees and the property shall be transferred in their name. They would further state that the plaintiff is a habitual litigant and had filed an S.O.P.No.24 of 2020 by another sister society-Moghal Educational Society, but it was rejected on 17.02.2021. Basing on the complaint lodged by the plaintiff against the respondents herein, an FIR No.562 of 2021 dated 09.07.2021 was registered but the Investigating Officer filed a final report on 31.07.2021 citing the reasons for such closure as 'false complaint'.