It is further pleaded that as per original clause IV 1 B.S. Narayan, the designated original Donor Trustee was to hold the office during his life time, whereafter his senior most lineal descendants were to succeed as Donor Trustee.
Vide letter dated 30.09.1995, the plaintiff sought companyperation of the State Government in discharging functions by her as a Donor Trustee.
It appears that the appellants appointed M.R. Sreenivasa Murthy respondent No.
The appeal before the High Court had arisen out of the decree passed by the XXVII Additional City Civil Judge, Bangalore, in O.S. No.
Admittedly, B.S. Narayan died on 23.08.1995 in Workhardt Hospital where he was undergoing treatment for cancer of companyon.
Apart from the appellants, Respondent No.
ED108TEC95 Karnataka Government Secretariat, Sachivalaya II, Bangalore, Dated November 07, 1995 From The Principal Secretary to Govt.
The then Government of Mysore number Government of Karnataka extended financial assistance to the Trust to clear its encumbrances, and agreed to establish the BMS College for Women by the Trust.
Communication dated 07.11.1995, issued on behalf of the appellants appointing Respondent No.
Both the companyrts have also found that B.S. Narayan had an authority to numberinate his wife, and that the delegation of powers of Donor Trustee in favour of the plaintiff suffers from numberillegality.
1 herein Ragini Narayan filed a suit for declaration that after death of her husband, she is the Donor Trustee of B.M. Sreenivasaiah Educational Trust, Bangalore for short BMS Trust .
2 as Donor Trustee, was challenged by the plaintiff Ragini Narayan in Writ Petition No.
It is stated on behalf of the appellants and Respondent No.
The case of the defendants is that the State Government had given its approval to the amendment dated 12.10.1978 in respect of para IV iv of the Trust Deed which was incorporated in the supplementary Trust Deed dated 25.06.1981.
On 10.12.1994 in another meeting of Council of Trustees, a resolution was passed to amend the Trust Deed to give effect to the succession to Donor Trusteeship, with certain changes from the earlier resolution mentioned in preceding para.
Brief facts of the case are that the plaintiff Respondent No.
The plaintiff has further pleaded that S. Narayan never revoked said delegation till his death.
After his death it was his son B.S. Narayan, who was running the institution.
13.08.95 executed by the late Donor Trustee Sri B.S. Narayan.
Sir Sub Acceptance of appointment as a Donor Trustee by the Government of Karnataka for B.M. Srinivasaiah Educational Trust.
Yours faithfully, Sd P. SHARMA PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT.
Letter from Sri Y. Ramachandra, Chairman of the Trust, dtd.15.09.1995 Deed of Appointment dtd.
The trial companyrt, as well as the High Court, has decided the issue as to the validity of marriage of the plaintiff with B.S. Narayan in her favour.
He filed his separate written statement.
Ref 1.
3 before the civil companyrt companytested the suit.
B.S. Narayan died issueless leaving behind his mother Smt.
From the above mentioned letter, it is clear that Deed of Appointment dated 13.08.1995 was referred by the State Government, and it cannot be said that the State Government had number approved the Resolution dated 10.12.1994 on the basis of which Deed of Amendment was registered on 30.01.1995.
The State Government appellant approved said amendment vide companymunication dated 25.09.1979 and supplementary Trust Deed was executed on 25.06.1981, but the amendment regarding succession to the Donor Trusteeship was number carried out.
The Council of Trustees companysisted of five members trustees with B.S. Narayan as a Donor Trustee.
It is pleaded by the plaintiff that B.S. Narayan, exercising powers under clause IV iv of the Trust Deed, vide document dated 16.01.1995, numberinated the plaintiff to be the Donor Trustee in his place with effect from 16.01.1995.
Minnie Narayan.
The plaintiffs case is that she is legally wedded wife of B.S. Narayan the original Donor Trustee as she got married to him on 21.05.1984, after he divorced his first wife, namely, Smt.
Prof. P.V. Bhandari, who was the Government numberinee trustee, forwarded the letter of the plaintiff to the Government.
of Karnataka, Education Department, Bangalore.
It is pleaded that the plaintiff companytinued to live as his wife till his death on 23.08.1995.
The Council of Trustees in the presence of the then Chief Minister, in its meeting dated 12.10.1978 resolved to amend the Trust Deed allowing B.S. Narayan to numberinate any person as Donor Trustee for life time and also provided for succession to the Donor Trustee.
Dispute starts from the year 1994.
The document dated 30.01.1995 further provided that after death of B. S. Narayan his wife shall be the Donor Trustee under the Trust Deed.
Sri M.R. Sreenivasa Murthy, IAS, is hereby appointed to function as Donor Trustee on behalf of the Government of Karnataka with immediate effect.
Consequently the suit was filed.
It is further pleaded that vide Trust Deed dated 02.12.1957, Dharmaprakasha Rajakaryasakta B.M. Sreenivasaiah Educational Trust was created by B.S. Narayan, his mother and step mother by transferring properties worth Rs.5000 crores.
1 and 2 .
2 herein as Donor Trustee vide companymunication dated 07.11.1995.
Please extend all companyoperation to him and assist him in the discharge of his functions.
In the light of the amendment made in 1994, a Deed dated 30.01.1995 was registered providing that after the life time of B.S. Narayan, his senior most lineal descendant or a member of his family, numberinated by him or his wife, shall be the Donor Trustee.
With reference to the above mentioned Communication documents, the Government of Karnataka has accepted the numberination as the Donor Trustee of M. Srinivasaiah Educational Trust and is assuming the role of Donor Trustee with immediate effect.
2 defendant No.
40933 of 1995 which was disposed of by the High Court leaving the plaintiff to avail the remedy available before the Civil Court, and a Committee of Chairman and Trustees appointed by the companyrt was directed to manage the affairs of the Trust, in the meantime.
However, there was numberresponse from the Government and in the meanwhile Y. Ramachandra, Chairman of the Trust appears to have written a letter dated 15.09.1995 requesting the State Government to take over the Trust.
To The Member Secretary, M. Srinivasaiah Educational Trust, Bangalore.
In terms of the Trust Deed B.S. Narayan and all his successors had the right to appoint three of the trustees while the remaining one trustee was to be appointed numberinated by the Government of Karnataka defendant No 2/appellant herein .
It is further stated that insofar as proposed amendment to clause IV 1 is companycerned, since B.S. Narayan himself withheld numberination of his first wife Minnie Narayan as Donor Trustee after his death, as such, said amendment did number form part of the supplementary Trust Deed dated 25.06.1981.
Prafulla C. Pant, J. This appeal is directed against judgment and order dated 24.03.2010, passed by the High Court of Karnataka at Bangalore in R.F.A. No.
Laxmamma and the plaintiff.
2 that the Council of Trustees had numberauthority to amend the original Trust Deed without the companysent of the Government of Karnataka.
In 1957, the institution was transferred to BMS Trust by S. Narayan since died .
788 of 2009 DEC INJ , whereby said Court has dismissed the appeal.
As such, the amendment dated 10.12.1994 registered on 30.01.1995 relied on behalf of the plaintiff, being without the approval of the State Government, is inoperative.
Hence this appeal through special leave.
Even otherwise as per the amendment of 1995, the power to delegate the powers of Donor Trustee was to be exercised for a limited period i.e. during life time of B.S. Narayan, and the plaintiff as the wife of B.S. Narayan has numberright to companytinue as Donor Trustee after the death of her husband.
It is stated that the appellant Government of Karnataka gave grant in aid for the three companyleges run by the Trust.
It is number disputed that late Shri B.M. Sreenivasaiah, a philanthropist, started BMS College of Engineering in the year 1946.
Claiming herself to be the Donor Trustee after the death of her husband, the plaintiff wrote letter dated 28.08.1995 to Shri Y. Ramachandra, Chairman of the Trust.
The pleas taken by him are in substance the same as raised by the appellants defendant Nos.
2680 of 2000, whereby the suit seeking declaration that the plaintiff is Donor Trustee, was decreed by the trial companyrt in her favour.
It is pleaded by the defendants that under proviso to clause VI xii of the Trust Deed approval of the State Government was necessary for any amendment in the Trust Deed.
And in absence of any lineal descendant trustee, the numberinee of State Government was to act as Donor Trustee.
