1. ' MRS. QAISAR IQBAL, J.-The plaintiff has resorted to file suit under section 92 of Code of Civil Procedure 1908, seeking to settle the Scheme of Trust for Charitable Purposes for better administration of the Trust.
2. ' Precisely the facts leading to the case are that plaintiff being Trustee of the Trust namely Ghulam Hussain Khalikdina Trust (hereinafter referred to as the Trust) established by late Ghulam Hussain Khalkana Khoja for charitable purposes vide Will dated June 17, 1897 and Probate dated August 15, 1899 having its office at 1-GK-4 Paria Street, Kharadar, Karachi. Statement has been filed by the Trustee and The Honourary Secretary of Trust duly authorized by the plaintiffs. Trust was established for the purpose of providing charities, imparting education to the boys and girls of the Khoja Community by establishing a girls school and assistance in education for boys and girls of the community by granting scholarships, providing books and other related materials for education, providing healthcare for the members of the Khoja Community, general charity and welfare for deserving members of the Khoja Community and other welfare purpose.
3. ' The plaintiff in order to carry out purpose of Trust owned and acquired following properties listed here in below:--
(i) Plot No.21, Sheet No.FT.2, Frere Town Quarter Karachi, measuring 4332 Square Yards,, situated in Frere Town, Karachi along with construction thereon ("Property 1").
(ii) Plot No. 1-5 Survey No. 18 Old Clifton Quarters, Karachi measuring 1631 Square Yards situated in Clifton Quarters, Karachi ("Property 2").
(iii) Plot No.2-GK-4, Paria Street Kharadar, Karachi along with construction thereon ("Property 3").
(iv) Plot No.l7-GK-4, Kassim Hamir Street, Kharadar, Karachi along with construction thereon , ("Property 4").
(v) Plot No.23-GK-4, Kassim Hamir Street, Kharadar, Karachi along with construction thereon ("Property 5").
4. (vi)Plot No.55-56-GK-4, Adamjee Dawood Road, Kharadar, Karachi along with construction thereon ("Property 6").
(vii) Plot No.50-GK-4, Kassim Hamir Street, Kharadar, Karachi along with construction thereon ("Property 7").
5. (viii)Plot No.46-GK-4, Machi Miani Road No.2, Kharadar, Karachi along with construction thereon ("Property 8").
(ix) Plot No.27-OT-8, Chandy Mukhi Lane, Old - Town Quarters, Mithadar, Karachi along with construction thereon ("Property 9").
(x) Plot No.53-OT-8, Adamjee Dawood Road, Old Town Quarters, Mithadar, Karachi along with construction thereon ("Property 10").
(xi) Plot No.3-NP-6, Napier Quarters, Kamal Gali, Lea Market, Karachi along with construction thereon ("Property 11").
(xii) Plot N0.38-NP-6, Napier Quarters, Kamal Gali, Lea Market, Karachi along with construction thereon ("Property 12"). v (xiii)Plot No.98-NP-14, Napier Quarters, Juna Market, Karachi along with construction thereon ("Property 13").
(xiv) Plot No. LY 13, 155-156 A, Lyari Quarters, Lea Market, Karachi along with construction thereon ("Property 14").
(xv) Plot No. 53-RS-4, Mesham Lea Road, Ramswamy Quarter, Karachi along with construction thereon ("Property 15").
(xvi) Plot No. 12-SB-5, Zaibunissa Street Saddar, Karachi along with construction thereon ("Property 16").
6. ' It is borne- out from the record that the Property No.3 is used by the plaintiff as office of the Trust and dispensary under the name and style of Ghulam Hussain Khalikdina Trust Dispensary for providing healthcare for the 'members of the Khoja Community whereas in Property No.6 a school has been established under the name and style of Ghulam Hussain Khalikdina Girls School and Properties Nos.l, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 since acquisition are rented to various tenants and the rental income of these trust properties are used for charitable purposes of the trust. The plaintiff has unanimously resolved in the meeting held on March 18, 2006 that a scheme be settled for the administration of the Trust annexed along .With the plaint as annexure "F" for better administration.
7. ' Mr. Naveedul Haq learned counsel for plaintiff has invited my attention to section 92 of the Code of Civil Procedure which reads as under >-
92. Public Charities.-(1) In the case of any alleged breach of any express or constructive trust created for public purposes, of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate-General, or two or more persons having an interest in the trust and having obtained the consent in writing of the Advocate- General, may institute a suit, whether contentions or not, in the principal Civil Court of original jurisdiction or in any other Court empowered that behalf by the Provincial government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate, to obtain a decree:-
(a) Removing any trustee;
(b) appointing a new trustee;
(c) vesting any property in a trustee;
(d) directing accounts and inquiries;
(e) declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust;
(f) authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged; / Cg) setting a scheme; or
(h) granting such further or other relief , as the nature of the case may require.
(2) Save as provided by the Religious Endowments Act, 1863 (XX of 1863), no suit claiming any of the reliefs specified in subsection (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with the provisions of that subsection."
8. It appears that necessary permission has been sought by the plaintiff from the office of Advocate- General, before filing the suit notices were issued to public at large but no objection has been received from any comer. Since there is no impediment therefore the suit of the plaintiff is decreed to settle scheme of the Trust for charitable purposes for better administration of the Trust in terms of prayer. Since none has appeared to contest the case raised by the plaintiff therefore cost is not awarded.