reads thus;
"7.Under S.77 of the Indian Trusts Act, 1882, a
trust gets extinguished only under certain
circumstances. S.77 reads ... purpose becomes
impossible by destruction of the trust - property
or otherwise; or
(d) when the trust, being revocable, is expressly
revoked."
8. Therefore, unless
reads thus;
"7.Under S.77 of the Indian Trusts Act, 1882, a
trust gets extinguished only under certain
circumstances. S.77 reads ... purpose becomes
impossible by destruction of the trust - property
or otherwise; or
(d) when the trust, being revocable, is expressly
revoked."
8. Therefore, unless
reads thus;
"7.Under S.77 of the Indian Trusts Act, 1882, a
trust gets extinguished only under certain
circumstances. S.77 reads ... purpose becomes
impossible by destruction of the trust - property
or otherwise; or
(d) when the trust, being revocable, is expressly
revoked."
8. Therefore, unless
deed is a trust as contemplated under the Indian Trusts Act and whether the cancellation of the settlement deed is revocation of trust
deed is a trust as contemplated
under the Indian Trusts Act and whether the cancellation
of the settlement deed is revocation of trust
will obtain the right to seek
its revocation by making suitable petition for such purpose [see
Vidyodaya Trust (supra)].
55. The position
elder son to manage the trust. If the intention of the author of the trust was to terminate the trust, there would not have been ... trust as a trustee even after the death. Author of the trust has not expressly reserved any right or power of revocation. Facts would indicate
challenging the
cancellation of the trusts for recovery of the
property that had vested in public charity through
the trust deeds. Respondents ... fide dispute as to the correctness of
cancellation of the revocation of the trusts deed
and to substantiate the averments in the complaint
also favouring the kith and kin of the
members of the Trust for various purposes in the temple.
The income of the temple, according ... made liable for any loss caused to the Trust.
9. Resisting the petition for revocation of leave,
the contesting respondents pointed out that there
from the Secretaryship of the
Trust and he may be debarred from advancing any official post
in the Trust. It is also prayed that ... public trust,
allegations of breach of trust as well as the necessity to
issue directions for administration of the trust