KRISHNA VEER SINGH BACHAN SINGH CHAUHAN versus WASUDEO MOTIRAM KALMEGH AND ANR.

Citation: [1995] SUPP. 3 S.C.R. 161 · Decided: 30-08-1995 · Supreme Court of India · Bench: B.P. JEEVAN REDDY, M.K. MUKHERJEE · Disposal: Disposed off

Judgment (excerpt)

KRISHNA VEER SINGH BACHAN SINGH CHAUHAN 
A 
v. 
WASUDEO MOTIRAM KALMEGH AND ANR. 
AUGUST 30, 1995 
[B.P. JEEVAN REDDY AND M.K. MUKHERJEE, JJ.] 
B 
Bombay Public Trust Act, 1950 : 
Ss.2( 13), 32, 35 50A-Public tlust-Respondents unauth01isedly 
managed to get control over prope1ties and office of trnst-Audited rep01t not C 
showing c01rect position of income and expenditure of T!ust-Account books 
not available-Held. Deputy Chmity Commissioner to make best judgment 
.. 
estimate of income of tlust prope1ties--Meanwhile immovable prope1ties of 
respondents attached. 
Public Tmst-Administration of-Authorities incharge of enswing D 
proper management of public trusts to be more vigilant and prompt in 
discharge of their duties. 
The petitioner was appointed as Secretary of the Vidharabha 
Rashtrabhasha Prachar Samiti, in February, 1982 but as alleged by him, E 
the respondents forcibly took control of the affairs of the Samiti. The 
petitioner applied to the joint Charity Commissioner for a direction to the 
respondents to hand over the charge of the affairs of the trust to him. The 
prayer was allowed. On 2.11.1987 the Joint Charity Commissioner passed 
an order dismissing the respondents from the trusteeship of the Samiti 
holding that they were proved to have committed misfeasance and misap-
F 
propriation of the trust property. The respondents challenged the said 
order in a writ petition before the High Court. In 1988 the Joint Charity 
Commissioner initiated suo motu proceedings under s.50-A of the Bombay 
PulJlic Trust Act, 1950 to inquiry into the affairs of the trust. The High 
Court directed the Deputy Charity Commissioner to constitute a body of G 
five persons to which the petitioner and the respondents should hand over 
the charge to the said ad hoc Managing Committee of the Samiti. Ag-
grieved, the petitioner filed the appeal. 
The Court on 6.8.1990 directed the ad hoc Managing Committee, 
which included the respondents, to furnish accounts in respect of the H 
161 
162 
SUPREME COURT REPORTS [1995] SUPP. 3 S.C.R. 
A 
income and expenditure of the trust for the years 1982-83 to 1990-91, and 
to deposit with the Charity Commissioner the amounts found in the hands 
of the respondents. The petitioner filed the instant contempt petition 
alleging that the respondents failed to carry out the order of this Court. 
On 23.8.1993 this Court directed the respondents to furnish complete 
B 
c 
accounts and ordered that the proceedings under the Bombay Public Trust 
Act be expedited. 
The Joint Charity Commissioner concluded the proceedings under 
s.50-A of the Act. Thereupon, trustees were appointed. The petitioner was 
appointed as the Secretary of the Trust. 
Pursuant to the order of this Court the respondents filed audited 
accounts and the Deputy Charity Commissioner filed a report indicating 
that the total amount of rent deposited by the respondents during the 
period April 1, 1982 and June 1994 was Rs. 92,489.92. He reported that 
relevant registers and books of the Samiti were not made available to him. 
D The petitioner alleged that the income of the Samiti was Rs. 1-11/2 lakhs 
every year and the deposit by the respondenis of Rs. 92, 497.92 p. for a 
period of 12 years was not only non-compliance of the order of the Court 
but also a positive proof of misappropriation and mismanagement. 
E 
Adjourning the matter for four months, this Court 
HELD : 1.1. The facts of the case show how the validity appointed 
persons have been thwarted by the respondents from coming into posses-
sion of the properties and oOice of the trust. The respondents were 
interested in protracting their control and management by one or the other 
F 
means, obviously with a view to enrich themselves unjustly at the cost of 
the trust and its properties. They deposited for the period April 1,1982 to 
July 31,1990 a petty sum of Rs. 124,92 on 4.10.1990. For subsequent period, 
various amounts have been deposited but neither there is any consistency 
in the amounts deposited .nor is there any regularity in lhe timing of the 
G deposits. In the circumstances, this is proper case where a reasonable 
ascertainment should be made of the income derived and expenditure 
incurred by the respondents from April 1, 1982 to August 22, 1994, the 
period during which they were in management and control of the affairs 
and the properties of the trust. [169-G-H; 170-A-C] 
H 
1.2. Since the relevant account books have been made scarce, the 
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K. 

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