SHESH VENKATARAMAN JATHAR Vs. VIGNESHWAR DAMODHAR DIXIT

JUDGEMENT

(1.) These appeals are directed against the order dated 7-3-77 passed by the District Judge, South Kanara at Karwar in Miscellaneous Application Nos. 49 to 53 of 1972, respectively. These miscellaneous applications were filed by the five appellants under S. 47 of the Bombay Public Trusts Act (hereinafter referred to as the Act').

(2.) Each one of the appellants requested the District Judge that he be appointed a trustee for the administration of Shri. Mahableshwar Dev Gokarn Temple as the two respondents, who were functioning as trustees, had incurred disqualification under one or the other clauses available in Section 47(1) (a) to (h) of the Act. Each one of the appellants narrated in his application certain details as to how he was duly qualified to be appointed as a trustee.

(3.) By the order dated 8-3-1972, the then District Judge, allowed the applications and appointed them as trustees, along with 2 respondents in these appeals, thereby making the total number of trustees as seven. It is worthwhile to note here, that on the enquiry held by the Charity Commissioner, as required by the provisions of the Act, the number of trustees functioning prior to 1951, was three as available in Ex. D5, the concerned extract from the entry of the registers maintained by the charitable committee. The respondents herein preferred M.F. As 160 to 165 of 1973 against the order dated 8-3-1972 passed by the then District Judge, North Kanara, karwar. This court, by its order dated 8-5-1973 following the decision in SUBBARAYAPPA BHATA v. GOVINDA GANAPATH RAO & OTHERS (M.F.A. 16 of 73), held that the order passed by the then District Judge was bad in law in view of the non-compliance of the provisions of S. 47(2) of the Act, as there was no finding in regard to the minimum number of trustees required for administering the said Trust, and which finding alone provided the requisite jurisdiction to the District Court to pass an order of appointing trustee or trustees in exercise of the power vested in it by S.47(3) of the Act. It is worthwhile to note here that in Subbarayappa's case an order of remand was passed and after remand the matter reached this court in the form of M.F. As. That matter has been since disposed of by a Division Bench of this court on 27-7-1983. The decision is reported in 1983 (2) Kar. L.J. 521 wherein the position in law as per S. 47(2) of the Act, as laid down earlier, has been reported.