ABDULRAHIM AFAZALBHAI KADIAWALA Vs. CHARITY COMMISSIONER

JUDGEMENT

(1.) THESE four appeals raise common questions of law and facts regarding sanction of the Scheme dated 17 -9 -1973 framed by the learned Joint Charity Commissioner, Ahmedabad, in respect of the public trust known as Hazrat Pir Mohmad Shah Darga Sharif Trust, Ahmedabad (hereinafter referred to as the Trust) as modified by the City Civil Court, Ahmedabad by its judgement and order dated 17 -1 -1977 in Misc. Application Nos. 660, 679, 699 and 478 of 1973.

(2.) HAZARAT Pir Mohammad Shah Darga Sharif popularly known as 'Piramshah Roza' is a famous and ancient dargah situate at Pankornaka in the city of Ahmedabad. The Trust, designated and known by the name of Hazarat Pir Mohmad Shah, is registered under the Bombay Public Trusts Act, 1950. The trust has properties both movable and immovable.

(3.) ON the Wakf Act, 1923 coming into force, the Deputy Charity Commissioner, initiated suo motu inquiry under section 19 of the Act. In the said inquiry the President of the Committee showed his willingness to be registered as a public trust and therefore, it came to be registered as a public trust. In the prescribed form the objects of the Trust were shown as under: