RUDRAPPA CHANNAMALLAPPA PATIL Vs. KADEPPA DAREPPA PATIL

JUDGEMENT

(1.) The question which arises in this appeal preferred under Section 72(4) of the Bombay Public Trusts Act, 1950, is whether a public trust was created by an award which became transformed into a decree by which a partition was made between two persons who belonged to a Hindu joint family. The appellant's father Chanmallappa was one of them and the respondent Kadepna is the other. The award bv the arbitrators was made on December 24, 1934. and it became subsequently transmuted into decree of the civil court In Order Section 60 of 1935. in the Court of the Civil Judge of Belgaum.

(2.) The relevant provision in the decree provides for the utilisation of the income from one part of the property which belonged to the joint family for a certain religious purpose to which we shall presently refer. That land was therefore, not partitioned and the decree stated that the seniormost member in the senior branch of the family should perform the duties enjoined in that way.

(3.) After the death of Chanmallappa, his younger brother Kadeppa made an application under Section 18 of the Bombay Public Trusts Act for a declaration that the decree created a public trust. In that application he made the complaint that the appellant Rudrappa had committed breach of trust and had neglected the performance of his duties as trustee The Assistant Charity Commissioner made under Section 19 the declaration sought by Kadeppa and that declaration was confirmed by the Charity Commissioner in the appeal preferred by Rudrappa under Section 70 of the Act