MEHRWAN HOMI IRANI Vs. CHARITY COMMISSIONER BOMBAY

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order passed by the Bombay High Court in Writ Petition No. 2005 of 1988. The appellants herein unsuccessfully challenged an order passed by the Charity Commissioner, Bombay, under Section 36 (1) of the Bombay Public Trusts Act, 1950.

(3.) Five philanthropic members of the 'Parsi' community created a Trust, by name, "The Tithal Parsi Sanatorium Trust". They felt the necessity of having a Sanatorium at Tithal, a small coastal town in the South Western part of the State of Gujarat. They collected some money and in the 1907 a committee was constituted to hold these funds and to carry out the objects of the Trust. Initially, they acquired two and half acres of land with some buildings on it. Thereafter, further donations were collected and with those funds they purchased some more properties. All these properties and assets were held by the members of the committee in trust and they made a declaration of Trust on 10-7-1911. Some Rules and Regulations were also made for the admission of the said Trust. These Rules contained a provision to appoint new Trustees by the surviving Trustees. The object of the Trust was to have a Sanatorium or Convalescent Home for the poor and middle class sick and convalescent of the Parsi community professing the Zoroastrian religion, on payment of such nominal fee as may be fixed from time to time by the Trustees in consultation with the Committee of Management. The Trust came to be registered as a Public trust on 15-10-1952.