Shri Ketan Ghanshyamdev Tailang & Ors v. Shri Dharmesh Mehta & Ors

RAJIV SAHAI ENDLAW, J. JANUARY 07, 2020 "gsr"..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 7th January, 2020 + CS(OS) 2/2020 & IAs No.70/2020 (u/S 92 CPC), 71/2020 (u/O XXXIX R-1&2 CPC) & 72/2020 (for exemption) KETAN GHANSHYAMDEV TAILANG & ORS.... Plaintiffs Through: Mr. S.S. Lingwal, Adv. Versus DHARMESH MEHTA & ORS. ..... Defendants Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The three plaintiffs viz. (a) Ketan Ghanshyamdev Tailang, (b) Gopal Krishna Chaturvedi, and (c) Madanlal Hastimal Rathi, have instituted this "suit under Section 92 of Civil Procedure Code for cancellation / declaration and permanent injunction and rendition of account" against five defendants viz. (i) Dharmesh Mehta, (ii) Shama Shah, (iii) Sharmistha Vakil, (iv) Shree Indira Betiji Vallabh Seva Trust, and, (v) Shree Indira Betiji Manav Kalyan Trust. 2. The suit along with an application under Section 92 of the CPC for leave to institute the suit and the application for interim relief has come up today for admission. Having gone through the plaint and having not found the suit to be maintainable under Section 92 of the CPC on the averments made in the plaint, the counsel for the plaintiffs has been heard at length on the said aspect. 3. The suit is instituted pleading that, (i) the plaintiffs are instituting this suit as followers of Late Indira Betiji Madhusudanlalji Goswami (popularly known as Indira Betiji), for cancellation of two Trust Deeds, both dated 22nd December, 2016, registered with the office of the Sub-Registrar-III, Asaf Ali Road, New Delhi, executed by the defendant no.1 as "Executor / Settlor" and the defendants no.1 to 3 as "First Trustees", of the defendants no.4 and 5 Trusts, thereby forming the Trust of the movable and immovable assets of Indira Betiji; (ii) the defendants no.4 and 5 Trusts have been formed fraudulently by the defendants no.1 to 3; (iii) the plaintiffs are filing the present suit on behalf of beneficiaries and members of the public, to protect the interest of the public Trusts viz. Vallabh Memorial Trust (VMT) and Vallabh Anugrah Charitable Trust (VACT), registered in the State of Gujarat and of which Indira Betiji was the founder Trustee; (iv) the defendants no.1 and 2 have forged a Will of Indira Betiji and on the basis of the said forged and fabricated Will dated 1st November, 2015 formed the defendants no.4 and 5 Trusts wherein some of the properties of VMT and VACT have been diverted / transferred; (v) there was no need to form the defendants no.4 and 5 Trusts when VMT and VACT, already formed for the same purpose, were in existence and operation; (vi) there was also no need to transfer / gift the land already under VMT and VACT to the defendants no.4 and 5 Trusts; (vii) there is an element of dishonest intention and lack of probity on the part of defendants no.1 to 3; (viii) the suit is of a representative character, instituted in the interest of the beneficiaries and not merely for vindication of the individual or personal rights of the plaintiffs; (ix) the administration of the defendants no.4 and 5 Trusts would not be in the interest of public at large; (x) the plaintiffs are thus seeking a decree for cancellation of the Trust Deeds of the defendants no.4 and 5 Trusts; (xi) Indira Betiji died on 30th September, 2016 at Vadodara; (xii) the defendants no.4 and 5 Trusts have been formed to misappropriate the movable and immovable properties of Indira Betiji and the VMT and VACT; (xiii) Indira Betiji was the President and Trustee along with other Trustees of the VMT and VACT which have considerable assets in Gujarat, Uttar Pradesh, Rajasthan etc.; (xiv) the mother of plaintiff no.1 was the sister of Indira Betiji; Indira Betiji did not marry and had no children; plaintiff no.1 being one of the legal heirs of Class-II category of Indira Betiji, is the follower / disciple of Indira Betiji; (xv) the plaintiffs no.2 and 3 are active members of the Vaishnav community and have been in close contact with Indira Betiji and spe