KANCHANBEN BAVCHANDBHAI PATEL Vs. JOINT CHARITY COMMISSIONER, SURAT

JUDGEMENT

(1.) Heard learned advocates for the respective parties.

(2.) The challenge in this petition is to the order dtd. 15/11/2019 passed by the Joint Charity Commissioner, Surat in Revision Application No. 8/09.

(3.) Facts in brief would indicate that it is the case of the petitioner that land bearing Revenue Survey No. 467 admeasuring 10,927 sq. mtrs situated at village Abhwa, Ta. Choriyasi, Dist. Surat was owned by respondents no. 3 and 4. Their names were reflected in the revenue records. The respondents no. 3 and 4 by a registered sale deed number 11191 of 2005 dtd. 29/9/2005, sold the lands to the petitioner. The Assistant Charity Commissioner, Surat vide order dtd. 22/5/2006, according to the petitioner, registered a purported public trust under the name Kamnath Kameshwar Mahadev Mandir, Abhwa and gave it registration number A/2847/Surat. The Assistant Charity Commissioner held that land being Revenue Survey No. 467 and other lands of village Abhwa belonged to the trust. The respondents no. 3 and 4 who had infact sold the land to the petitioner were declared as trustees of the said purported trust. According to the petitioner these proceedings were initiated behind her back and she was unaware of the proceedings when she had already purchased the property in the year 2005.