decreed in favour of
defendant 14. The two sale deeds, executed by only
two of the trustees, were declared invalid and it
was found that ... trustee, for the
appointment of a new trustee, and for the delivery
to the new trustee of the property improperly
alienated by the previous trustee
Chairman and Managing Trustee.
Therefore, it is not possible to treat the suit as one brought by Trustees against co-trustee on the ground that ... trustees i.e., Chairman and Managing Trustee to act and manage the affairs of the Trust, against the will of the other seven trustees
appoint new Trustees or Trustees, so
as to bring the number of Trustees to the minimum as herein provided.
Clause 14
The Trustees shall ... trustees are there.
(iii) The power of appointing new trustees vests with surviving and continuing
trustees.
(iv) The decision for appointment of new trustees
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 ... 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
two relevant Deeds of Appointment of New Trustees, the petitioner company, became the trustee of the above two trusts. By referring to the above three ... appointed the sole trustee of these two trusts under the above two Deeds of Appointment of New Trustees and that the petitioner company could never
trustees, Patel Tilaksingh died in 1964 but it was alleged that the defendant No. 2 Arjunsingh, the surviving trustee, had not appointed another trustee, contrary ... appointment of two new Trust-tees in place of the two original Trustees mentioned in the Trust-deed dated 14-4-1934 end delivery
TRUSTEE or TRUSTEES jointly with
the surviving or continuing TRUSTEES or TRUSTEE or
solely as the case may require and every such newly
appointed TRUSTEE ... been constituted as TRUSTEE.
2. The total number of TRUSTEE as aforesaid
shall always remain two."
4. Upon the retirement of Mr. Lallan Prasad
held for appointment of the Managing Trustee, the other two trustees did not attend the meeting and therefore, the election of the first respondent ... institution is being administered not by four trustees but by two trustees who act as one. In fact, as held by the learned Judges
declared trustees by the Court in 1898, that the appointment of a trustee and the vesting of the property in him are two distinct ... when the appointment of the trustees is complete. In that case two trustees were originally appointed by a deed. One of them disclaimed, as having
declared trustees by the Court in 1898, that the appointment of a trustee and the vesting of the property in him are two distinct ... when the appointment of the trustees is complete. In that case two trustees were originally appointed by a deed. One of them disclaimed, as having
