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Ajay Jain & Anr. vs. Commissioner, Devasthan Vibhaag Rajasthan & Ors.

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Rajasthan Public Trust Act, 1959–Rajasthan Public Trust Rules, 1962–Rule 22–Issue up to effect whether the petitioners could be legally inducted as working trustee and trustee of trust?–In the trust deed, begining para provides that the word “Settlor” shall mean and include- “unless there is anything repugnant thereto or inconsistent with, the said Shri Manak Raj, his heirs, executors and administors”–Petitioners are the legal heirs of Manak Raj–Form no. 8 dated 05.06.2010 for not inducting the legal heirs of original settlor as members of the trust was not accepted–Petitioners were inducted in the trust in the resolution no. 3, passed in the meeting dated 10.12.2012–It cannot be said that the petitioners were inducted into the Board only being the legal heirs of the original settlor but they have been inducted as the working trustee and the member of the trust on the basis of resolution of the Board–Form no. 8, dated 24.04.2013 has been submitted in view of resolution of the trust–Findings of Appellate Authority that on the date of submitting the Form no. 8, petitioner no. 1 was not the working trustee, is contrary to facts and law–Impugned findings are liable to be set aside.