BHEEMAPPA Vs. RUDRAYYA ADIVEYYA MATHAPATI

JUDGEMENT

(1.) This petition is directed against the order made in Revision Petition No.21 of 1971, on 23-7-1971 by the Charity Commissioner, Karnatak Area, Belgaum. That order has been made in the purported exercise of the power of the Charity Commissioner, under S.7UA of the Bombay Public Trusts Act, 1950 (hereinafter referred as the 'Act').

(2.) The material facts which were not in dispute, are these: The lands in question belong to a public trust of Kahneshwar Temple in Kurahatti. The father of respondents 1 to 3, one Adiveyya, was in possession of them, ostensibly rendering certain services to the temple, it would appear that the father of the petitioners herein, one Hanamappa by name, obtained a money decree for a sum of Rs.2,524 against the said Adiveyya, in L.C. Suit No.19 of 1927. He brought to sale those two lands belonging to, the Trust for the recovery of the said sum in Darkhast No.733 of 1933. In the sale held, the said Hanamappa purchased only the life interest of Adiveyya, specifically. It is clear, therefore, that the petitioners could not acquire any interest in the said properties after the death of Adiveyya on 23-5-1970. Subsequent to the purchase by Hanamappa, the Act of 1950 came into force. On the death of Hanamappa, the petitioners filed an application under S.18 of the Act on 3-3-1958, requesting for the registration of these lands as the property of the Public Trust and constituting them as the Trustees. There was also a request for the registration of the Kalmeshwar Temple as a Public Trust under S.20 of that Act. The application in question was No.68 of 1958. The Assistant Charity Commissioner, after holding an enquiry into the matter, granted the application and directed registration accordingly. It is relevant to note that during the hearing of the said application neither respondents 1 to 3 nor their father had been impleaded as parties. It is seen from the record, that there was not even a public notice of the lodging of such an application by the petitioners. This registration was effected on 18-4-1958.

(3.) After the death of Adiveyya on 23-5-1970, respondents 1 to 3, ostensibly with a view to assert their rights, filed CS. No.48/1970 on 23-3- 1970. As to the fate of this suit, there is no material on record. However, on 27-1-1970, the respondents 1 to 3 filed an application under S.22 of the Act, requesting that a change be recorded recognising them as the Trustees. The Assistant Charity Commissioner granted that application and directed that the change be) made, by an order made on 5-2-1971.