Dear Sirs- I am the joint secretary of a 90 years old educational trust owned by our community, The trust owns an immovable property on which it constructed a school building in 1934 and started an English medium school, that was run by the trust till 1955. The immovable property stands in the name of the trust in the record of rights. In 1955, due to some difficulties, the then trustees handed over the school building and furntiure on a 30 year written rent deed to the state govt to run the school, which expired in 1985. By virtue of the rent deed the govt was liable to pay Rs.190 per month as rent to the trust. The govt continued to pay the rent till 1991 but has not paid any rent thereafter. The then trustees did not execute a fresh rent deed after 1985 nor did the govt ask for extension of the rent deed after 1985.
When the present trustees took over in 2015, they issued a legal notice to the govt asking them to quit and handover vacant possession of the land, building and furniture back to our trust and also to pay all the rent.due to the trust, on the ground that the trust wants to build a new school building, as the present building being 90 years old is dilapidated and that trust intends to restart their own english medium school. Non payment of rent was also one of the grounds for asking them to quit. No reply notice was given by the govt.
In order to avoid court proceedings which entails lot of expenses and consumption of time, the trustees made efforts though politicians in power and the govt officials to get the govt school moved from our premises to another govt land, but all these efforts failed. Again, the trust issued a fresh legal notice a few months ago calling upon the govt to quit and pay the rent due. This time the govt.officer concerned (to whom the earlier notice was issued) himself issued a denial stating that the trust is not the lawful owner of the property, that though the govt had paid the rent at an earlier point of time it is now not liable to pay the rent as govt is running the school. It was further stated in the reply that our trust is not in existence.and that the present board of trustees are not the bonafide members/trustees of the trust.
Having due regard to the above siutaion, I seek the kind help of LCI to kindly opine if
1. The stand taken by the govt that the trust is not the owner of the property and the govt is not liable to pay the rent, though they had paid the rent earlier, is correct.
2. Whether the govt can deny the existence of the trust, though the trust is registered and has a valid registered trust deed.
3. Whether the govt can deny the present trustees as not being the bonafide members and trustees of the trust.
4. What is the course of action to be adopted in such circumstances.
