Seeks details of immovable properties of trust
Excelsior Correspondent
JAMMU, Mar 9: In a significant development, the Principal District Judge Jammu, Sanjay Parihar, has temporarily restrained the Dharmarth Trust from creating third-party interests over their properties exceeding three years.
The order followed a suit filed by Rajinder Kumar and others, seeking additional information on the properties held by the trust and the appointment of a Management Committee/ Receiver to oversee the affairs of the J&K Dharmarth Trust.
After hearing Advocates Raghu Mehta and Nitin Bakshi for the plaintiff and senior advocate RS Thakur and Advocate Ashwani Thakur for the trust, the Principal District Judge Jammu, Sanjay Parihar, directed the Dharmarth Trust to submit an affidavit detailing the status of their immovable properties, including those encumbered by third-party interests for over three years, along with trust accounts from September 26, 2011, onwards. Pending the suit’s resolution, the trust was temporarily barred from creating long-term third party interests.
The court further emphasized that the appointment of a receiver hinges on proving mismanagement and misappropriation, citing legal precedents underscoring the severity of such measures.
Acknowledging the defendants’ lineage as scions of the Royal family, who have managed the trust since its inception, the court noted serious allegations of mismanagement and commercial exploitation of trust properties.
Despite the defendants’ adherence to the Royal Decree, mandating honest and diligent management strictly in accordance with Ain-I-Dharmarth, concerns were raised regarding the creation of long-term third party interests, potential contrary to the trust’s charitable purpose.
While refraining from appointment a Management Committee or receive at this stage, the court underscored that this decision doesn’t grant the defendants carte blanche to disregard the trust’s principles.
Instead, the defendants are directed to provide comprehensive information on property status and financial accounts, with a temporary prohibition on creating extended third-party interests.
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