D M DESHPANDE Vs. JANARDHAN KASHINATH KADAM

JUDGEMENT

(1.) The appellants 1 to 3 are the trustees of Appellant No. 4 which is a public trust registered under the Bombay Public Trusts Act, 1950. The second respondent is a former trustee of the said trust while the first respondent claims to be a tenant of the lands belonging to the said trust. The land in dispute is Survey No. 14 situated at Warud Walidatpur, Yavatmal which belongs to the said trust. The present proceedings arise from an order in Revision passed by the High Court in Execution Proceedings.

(2.) The Deputy Charity Commissioner by his order dated 17th of January 1975, framed and settled a scheme for the management of the said trust and appointed certain trustees. The second respondent, who had throughout acted as a trustee of the said trust was also appointed as one of the trustees under the said order. The scheme was thereafter amended by the Charity Commissioner by his order dated 24th of October, 1980 in suo motu proceedings. He ordered substitution of certain new trustees by removing earlier trustees.

(3.) The second respondent, by this order was removed as a trustee and he was directed to handover possession of the trust property as well as management of the trust to the trustees appointed under the order of 24th of October, 1980. Since the second respondent did not handover possession of the properties of the said trust which consisted of the said land bearing Survey No. 14 and also did not handover management of the said trust, the trustees moved the Charity Commissioner, Chandrapur. The Assistant Charity Commissioner by his order dated 19th of July, 1984 held that the scheme which was framed by the order of 17th of January, 1975 and modified by the order of 24th of October, 1980 was a decree under the provisions of Section 50A(4) of the Bombay Public Trusts Act, 1950. Therefore, the trustees should ask for execution of the scheme as a decree.