The High Court rejected the companytention that there had been dedication of the school building.
After Jadu Naths death, the management of the school was looked after by the sons of Shri T. K. Ghosh in whose memory the school had been founded.
3718/ for the building on holding No.
P appointing Rai Bahadur Nirmal Chandra Ghosh, Retired District and Sessions Judge and six others as trustees of the school.
287/8/ per month.
This application has been resisted by the appellants.
On September 11, 1919 the school building was purchased by the three sons of Shri Jadu Nath from Mr. Boilarld as per sale deed Ex.
570 of 1969.
It was also stated that there was numbercontract to pay the rent of Rs.
7,163/12/3 on account of arrears of rent from August, 1956 till July, 1959 and other items, the details of which were given in Schedule I to the plaint.
250 for the building on holding No.
The suit was companytested by defendants No.
From the Judgment and decree dated the 29th September, 1967 of the Patna High Court in Appeal from Original Decree No.
287/8/ i.e. Rs.
Clauses 4, 6 9, 10, 11 and 15 of the trust read as under The trustees will be entitled to numberinate 2 two members out of themselves, to the managing companymittee of the school in addition to the Headmaster who will ex officio be a member.
190/ would be paid directly to the plaintiffs and the balance,of Rs.
In the result the amount for which decree had been awarded was reduced to Rs.
In 1918 19 them Managing Committee of the school was reformed under the directions of the Board of Secondary Education.
Likewise, the companytention that there did number arise the relationship of landlord and tenant between the parties was rejected.
At the hearing of the appeal Mr. Agarwal on behalf of the plaintiff respondents has companytended that the High Court was in error in granting a certificate of fitness for appeal to this Court in favour of the defendant appellants.
On appeal filed by some of the defendants the Patna High Court set aside the decree for ejectment.
Shri Jadu Nath died in 1901 leaving behind three minor sons, two of whom were the plaintiff respondents and the third was their brother Dr. K. Palit.
7,163/12/3 was awarded by learned Additional Sub Judge Patna in favour of the two plaintiff respondents, against the Board of Trustees T. K. Ghoshs Academy Patna and other defendants.
The other defendants, including the trustees, did number companytest the suit.
According to the companytesting defendants, there was numberrelationship of landlord and tenant between the plaintiffs and T. K. Ghoshs Academy and its Managing Committee.
Nearabout 1914 the management of the school was taken over by Shri Jadu Naths sons.
the best students and Dr. Rajendra Prasad, Dr. B. C. Roy, Mr. Hasan Imam and Mr. Sachidanand Sinha received their education in this school.
As the premises were number vacated within five years of the execution of the Deed of Trust, the plaintiff respondents after serving numberice of demand filed the present suit on July 28, 1959 against the Board of Trustees r. K. Ghoshs Academy and other defendants.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The school was run in premises which originally belonged to one Mr. Boilard.
At least one male descendant of Babu Jadu Nath Palit deceased shall, if available, be always a member of the body of trustees.
The Judgment of the Court was delivered by KHANNA, J. A decree for ejectment from the premises in dispute and for recovery of Rs.
The present appeal has been filed on certificate by the Managing Committee T. K. Ghoshs Academy and other defendants against the decision of the High Court.
On August 13, 1950 the two plaintiff respondents executed Deed of Trust.
The school attracted some of.
Now this Deed witnesses as follows In pursuance ofthe said desire of the settlors the settlors do hereby transfer and assign unto the trustees the ,,aid High School K. Ghoshs Academy with all that property companysisting of the funds, furniture, library and equipments described and detailed in the schedule hereto to hold the same upon trust to fulfil the object of the settlors and on the companyditions and with and subject to the powers provisions and agreements herein companytained.
459 of 1961.
C. Agarwala, V. J. Francis and S. S. Bhatnagar, for respondent number.
P. Uniyal and S. N. Singh, for the appellant.
The amount for the recovery of which decree had been awarded by the trial companyrt was also reduced to Rs.
The two plaintiff respondents are the sons of Shri Jadu Nath Palit who founded in 1876 a school known as T. K. Ghoshs Academy.
As regards the existence of the relationship of landlord and tenant, the trial companyrt held that the companytract of tenancy was evidenced by the Deed of Trust and was binding upon the parties.
1 and 2.
Argument was further advanced that there was numberrelationship of landlord and tenant between the parties and the Deed of, Trust was number binding upon the companytesting defendants.
A Managing Committee was formed by the sons of T. K. Ghosh for the management of the school in 1905 or 1906.
The total rent thus came to Rs.
The trustees shall forthwith start a building fund for the school.
The trustees shall find other premises for the location of the school and shift the school there within 5 five years of the date of the deed and vacate the present premises to the settlors.
22 is used for the headmasters residence and the lower portion for running the classes.
And whereas the settlors being desirous of the companytinuance of the school and the perpetuation of the memory of the person after whom it is named and the association of same with the name of the institution, of the retention in it of Bengali as a subject of instruction and also as a medium of instruction as far as possible and also of the improvement, extension or alteration as regards the standard and subjects of instruction in the institution as may be companysidered suitable for the benefit of students, have decided to settle in trust for this purpose the said school companysisting of its name good will together with its funds, furniture, library and other educational appliances and equipments as a functioning institution affiliated to the Patna University in the manner and on the companydition hereinafter following.
287/8/ a cash amount of Rs.
One of the reliefs claimed was for ejectment of the defendants from the premises in dispute.
20 and Rs.
Shri T. K. Ghosh was them brother in law of Shri Jadu Nath.
C. On July 28, 1930 Dr. K. L Palit sold his share in the school building in favour of his two brothers, viz , the plaintiff respondents, as per sale deed Ex.
It is further the case of the plaintiffs that in or about June 1956 it was settled by the trustees and the Managing Committee of the school with the companysent of the plaintiffs that out of the monthly rent of Rs.
The other relief claimed was for recovery of Rs.
The object and the subject matter of the trust would be clear from the following Whereas the settlors are the proprietors of the High English School named T. K. Ghoshs Academy, new located in a building owned and possessed by the settlors situated in Mahalla Chowahatta thana Pirbahore district Patna.
An application has also been filed on behalf of the plaintiff respondents for canceling the certificate of fitness granted by the High Court.
2, 3, 7 and 12 in their capacity as members of the Managing Committee.
In appeal before the High Court companytention was advanced on behalf of the companytesting defendants that there had been a dedication of the school building in favour of the school by the father of the plaintiff respondents who had founded the school.
97/8/ companyld be paid by the Managing Committee of the school to the trustees for payment of latrine and water taxes of the municipality and for meeting companyts of periodical repairs.
Contention was also raised that the suit for ejectment was number maintainable unless the tenancy had been determined by the giving of a numberice under section 106 of the Transfer of Property Act.
