IBRAHIM MOHMADSALEM BHAM Vs. MOHMED AJAM HATIA

JUDGEMENT

(1.) This appeal arises out of an application which was made under section 72 of the Bombay Public Trusts Act 1950 (the Act) by the appellants who were aggrieved by an order passed by the Charity Commissioner under section 50A of the Act whereby five trusts which had been registered on coming into force of the Act at Sr. Nos. B. 139 to B. 143 were ordered to be amalgamated and a common scheme as per ex. 177 was settled for proper administration thereof by the Charity Commissioner. ... ... ... ... ... ... ...

(2.) In the month of May 1972 two of the trustees viz. Ajam Mohmed Hatia and Ismail Hasam Jiva (applicants Nos. 3 and 4) and two beneficiaries that is applicants Nos. 1 and 2 viz. Mohmed Azam Hatia and Soeb Ismail Jiva presented an application to the Charity Commissioner Gujarat State at Ahmedabad for amalgamation of all the said five trusts registered at S1. Nos. B. 139 to B. 143 and for framing a common scheme for better administration thereof. ... .. ... ... ... ... ...

(3.) The Charity Commissioner after recording evidence and considering the same came to the conclusion that though there were five trustees in the trusts registered at B. 139 and B. 141 at the time when he decided application there was only one trustee in the said trusts and though there were three trustees in each of the trusts registered at B. 140 142 and 143 there was only one trustee for the said trusts at that time. He also found that the mode of succession was mostly common in all the trusts and that the trusts were inter connected and interdependent. He further held that there was a large estate and on account of differences of opinion between the existing trustees regarding management of the trusts the property of the trusts was not properly managed and the objects of the trusts were not carried out. In terms he held that there was mismanagement of the trusts by opponent No. 2. He also held that there would not be any violation of the precepts of the Mohmedan Law in amalgmating five trusts. He there fore gave directions for amalgamation of the trusts and for framing a common scheme which was framed as per Ex. 177. The trust was named as Geeth Haji Aref Bham Wakf Rander. The objects shown in the scheme were mostly the same as the objects of the aforesaid various separate trusts which had been created. The scheme provided for appointment of a miximum number of 9 trustees and a minimum number of 6 trustees and the qualification for being appointed as a trustee was selection from respectable persons of Sunni Vohra Panchayat at Rander. The mode of succession was provided by laying down that the trustees vacancy was to be filled in by the remaining trustees and if they failed to do so within a specified time the same was to be filled in by the Charity Commissioner. The scheme also provided that one third of the trUstees would retire after three years and the term of the office of a trustee would be for 9 years.