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X. The first legal objection has been raised and maintainability of the present petition has been challenged on the ground that the present petition has not been filed and same is not signed and verified by all the trustees therefore, eviction petition is liable to be dismissed. Respondents have pointed out Clause-8 of the Trust Deed executed in favour of petitioner no. 1 and it is submitted that in the sub-clause-(a) there is provision that the board of trustees shall comprise not less than three members but at the time of filing of the present petition there were only two trustees and, therefore, the present petition is not maintainable. On this aspect, law is settled.

The sub-clause - (g) of Clause-8 of the Trust Deed in favour of petitioner no. 1 provides as under:-

(g). There shall be a quorum when two Trustees are present at any meeting. Pending any vacancy the Trustees for the time being not less in Rukmani Devi Jaipuria Charitable Trust Vs. Jeewan Dass number than a quorum may act for all purposes in the administration of the Trust and may exercise all or any of the authorities, powers and discretions vested in the Board of Trustees by these presents.

Thus, it is clear from the Trust Deed itself where it has been provided that the pending vacancy, the remaining trustees can act upon on behalf of petitioner no. 1 subject to their number should not be minimum to the quorum which was fixed under Trust Deed. The quorum has been fixed as minimum of two trustees. There is no denial of the fact that the other trustees i.e. Smt. Rukmani Devi Jaipuria was died at the time of filing of the present eviction petition. The present petition has been filed under the signature of petitioners no. 2 & 3 that is the remaining two trustees. Thus, it can be safely held that the legal objection so raised has no merit.