SHAMBHUPRASAD CHHOTALAL RAVAL DECD Vs. MADHUSUDAN GIRDHARLAL ACHARYA

JUDGEMENT

(1.) This appeal by the trustees of a Public Trust arises from the proceedings under sec. 22 of the Bombay Public Trusts Act and is directed against the order of the City Civil Court in the application under sec. 72 of the Bombay Public Trusts Act. In the Inquiry No. 1053/68 by an order dated 29/12/1978 it was held that the suit property was the property of the Public Trust. In Appeal No. 21/71 the Joint Charity Commissioner confirmed that finding by his order dated 29/10/1974 Being aggrieved thereby Respondent No. 1 Madhusudan Girdharlal Achariya filed an application under sec. 72 of the Act being Civil Miscellaneous Application No. 4 of 1975 before the City civil Court. The City Civil Court by its Judgment dated 17/08/1976 allowed his application and it was held that the suit property was not the property of the Public Trust by upholding the contention of the first respondent that he had become the owner by adverse possession. The trustees have therefore filed this appeal.

(2.) The land bearing survey No. 573 Wadaj (final plot No. 324 in T.P. Scheme No. 15 admeasuring 2 acres 25 gunthas originally belonging to Manilal and Girdharlal sons of Pitambardas. Manilal and Girdharlal by a registered gift deed dated 22/09/1923 (Exh. 59) donated one half of their shares to Akhil Bharat Vershiya Audichya Sahastra Brahm Samaj (the trust) and they retained one-half of the property to themselves. Manilal was also Secretary and trustee of the above Samaj. The Gift Deed also recites that the possession of the half portion of the northern side of survey No. 573 was actually handed over. In pursuance of the said Gift Deed revenue entry was mutated and it is exhibited at Exh. 87 and survey No. 573 was given subnumbers namely 573/1 and 573/2 and Survey No. 573/2 was entered and mutated in the name of donees (Trust) and the area shown was 1 acre and 7 gunthas.

(3.) On 5/12/1939 by another registered Gift Deed (Exh. 52) Manilal purported to convey the entire property of survey No. 573 in favour of Madhusudan Girdharlal and Lalshanker Girdharlal. They are respondents Nos. 1 and 2 herein. In pursuance of the said Gift Deed a revenue entry is mutated on 9/04/1940 (Exh. 62) in favour of Madhusudan and Lalshanker.