VILESHKUMAR SHANTILAL ACHARYA Vs. DHANSUKHLAL J GAJJAR

JUDGEMENT

(1.) The most important and interesting question that arises in the present appeal is whether the Civil Court has no jurisdiction to entertain and hear the present suit in view of the provisions of the Act.

(2.) Mr. Oza submitted that the authority contemplated under the Act has no jurisdiction to decide such a question regarding the title claimed by a third party over the suit property. Such a suit filed by a third party for declaration of his title to the suit property is not barred by the previsions of the Act. Mr. Oza contended that the legislature did not leave such a question to the authority under the Act for its decision. In support of his submission Mr. Oza has laid considerable emphasis on two decisions of the Bombay High Court - (1) Shri Adinath Tirthankar Jain Mandir v. Shri Shantappa Dada Madnaik 67 Bombay Law Reporter 49 and (2) Keki Pestonji Jamadar v. Rodabai Khodadad Merwan Irani 74 Bombay Law Reporter 198.

(3.) As against these decisions Mr. A. H. Thaker Assistant Government Pleader appearing on behalf of the Charity Commissioner (Respondent No. 3) has relied upon several reported and unreported decisions of this Court and on the basis of those decisions and the relevant provisions of the Act submitted that the trial Court has reached its conclusion correctly on this issue.