10. Brajendra Nath Bhargava (Dead) By ... vs Ramchandra Kasliwal And Anr Equivalent citations: AIR 1999 SC 2866, (1998) 9 SCC 169

Parties:

Plaintiff: Brajendra Nath Bhargava (Dead) By ... Defendants: Ramchandra Kasliwal and Anr

Facts:

Brajendra Nath Bhargava had executed a trust deed for the benefit of himself and his family. The trust had certain properties which were meant to be used for charitable purposes. Ramchandra Kasliwal and Anr were the trustees appointed under the trust deed.

The dispute arose when Bhargava sought to remove the trustees, Ramchandra Kasliwal and Anr, alleging that they had failed to properly discharge their duties as trustees and had mismanaged the trust properties.

Facts in Issue:

1. The validity of the trust deed and the appointment of the trustees.
2. The discharge of duties by the trustees and the management of the trust properties.
3. The right of the plaintiff to remove the trustees.

Order:

The court heard both parties and took into consideration the facts presented by each. After careful consideration, the court held that the trust deed was valid and the appointment of the trustees was proper. However, the court also held that the trustees, Ramchandra Kasliwal and Anr, had failed to properly discharge their duties and had mismanaged the trust properties.

As a result, the court ordered the removal of the trustees and appointed new trustees to manage the trust properties. The court also ordered the former trustees to render an account of their stewardship and return any misappropriated funds to the trust.

The court also instructed the new trustees to manage the trust properties in accordance with the provisions of the trust deed and to use the properties only for the benefit of the trust beneficiaries.