SALIMBHAI MUKHTAR JAFARBHAI Vs. AMIRUDDIN

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are the followers of Maulana Malak Saheb who established a separate sect in 1892 or thereabout. The said Maulana Malak Saheb established a trust called Mehdibagh Trust in 1894. Disputes arose as to the registration of this Trust. An application under the M. P. Public Trust Act, 1951 (M. P. Act of 1951, hereinafter referred to as 'the Act') was filed before the Registrar of Public Trusts for registration. The Registrar held that it was not a public trust. However, no formal entry in that regard came to be made. The father of the present appellant along with three others filed a Civil Suit No. 143 of 1967 to set aside the findings of the Registrar. By a judgment dated 30/9/1986, a finding was recorded that a document of 1894 did create a public trust. Contemner Amiruddin and the Deputy Charity Commissioner, Nagpur for taking action under Section 26 of the Bombay Public Trust Act to make an entry of the trust property in the registered public trust. Accordingly, an entry was made by the Deputy Charity Commissioner.

(3.) The respondents initiated contempt proceedings before this court in Contempt Petition No. 178 of 1990 on the ground that the Deputy Charity Commissioner and appellant 1 have committed contempt of this court's orderdated 22/8/1986 in Civil No. 498 of 1964. This court, by its order dated 12/2/1991, held that this was not a case of contempt. However, in order to safeguard the rights of the trust, it was just and proper to appoint the first respondent as Receiver of all the trust property who was directed to render true and correct accounts in respect of trust property. Should any difficulty arise, the Receiver was set at liberty to approach the District court. Instead of so approaching, the first respondent filed an application before this court which was dismissed on 16/9/1992. The extension of time was granted for readiness of accounts.