KANTILAL C SHAH Vs. CHARITY COMMISSIONER

JUDGEMENT

(1.) This appeal arises from a Scheme framed by the learned Charity Commissioner on February 28 1967 in respect of a public trust which trust was registered prior to the framing of the scheme. Against the decision of the Charity Commissioner framing the scheme present appellants moved the District Court under sec. 72 of the Bombay Public Trusts Act 1950 (hereafter referred to as the Act). They had to approach the Court under sec. 72 because under scheme the Charity Commissioner had appointed first trustees leaving aside present appellant No. 1 Kantilal C. Shah who prior to the framing of the scheme was the managing trustee and the deceased appellant No. 2 Mukundray M. Thakore who prior to the framing of the scheme was a trustee. Before the District Court these two appellants raised only two contentions and they were as under:

(2.) Original appellant No. 2 Mukundray M. Thakore died during the pendency of this appeal and therefore his name was deleted. In his place respondent No. 3 Veljibhai Premjibhai was transposed and substituted as appellant No. 2.

(3.) In village of Valad Taluka Daskroi District Ahmedabad (Rural) there is an Ashram known as Vedant Ashram. This Ashram was a public trust and has been registered as such in or about 1953. Its registration No. is P.T.R. No. E. 545 (Ahmedabad). One Sadhu Shitaldas resided in this Ashram prior to 1947; and in the year 1947 one Swami Madhavtirth came constructed certain buildings and started teaching religious tenets. On December 18 1948 a trust was created for the Ashram and the management remained with Swami Madhavtirth till he died in the year 1960 Thereafter the management of this trust was being done by the trustees under the deed of trust. Out of them appellant No. 1 K. C. Shah was the managing trustee and deceased appellant No. 2 M. M. Thakore was another trustee. There were other trustees also but they did not take active part and did not look after the management of the trust properties. It was on November 1 1963 that one Ishwaranandtirth who claimed to be a Chela or a disciple of Swami Madhavtirth made an application to the Charity Commissioner making certain allegations against the management of this trust. This application was numbered as Miscellaneous Application No. 703 of 1963; and an enquiry was made tn that application. There after the Charity Commissioner started suo motu proceedings under sec. 50 of the Act on November 11 1966 for the purposes of framing of a scheme. He gave an opportunity to the trustees to be heard and also to other persons interested in the trust. He also prepared a draft scheme and called a meeting and having heard the suggestions and submissions made to him ultimately framed a scheme on February 28 1967 Present appellant No. 1 and original appellant No. 2 were aggrieved by this scheme inasmuch as their names were not found amongst the first trustees appointed by clause 6 of the scheme. They took this appointment as amounting to their removal from the office of trustees and therefore raised a contention before the District Court that while framing the scheme the Charity Commissioner had no jurisdiction to remove the applicants as trUstees. They also raised other contentions that the Charity Commissioner did not follow the necessary procedure while framing the scheme. Both these contentions did not find favour with the learned Judge. Hence the applicants have come in appeal to this Court.