MAJOR Vs. RAMKRISHNA UDARAM DHOK

JUDGEMENT

(1.) The appellant by way of this Second Appeal has called in question the correctness and legality of the Judgment and Order, dated 19.04.2005, passed by the Learned Additional District Judge, Wardha in Trust Application No. 05/2001, reversing the judgment and order dated 23.10.2000 passed by the Joint Charity Commissioner, Nagpur in Public Trust Application No. 1/1994.

(2.) The facts leading to the present appeal are that the appellant had moved an application under Section 41 (D) of the Bombay Public Trust Act, 1950 (hereinafter, referred as "the BPT Act, 1950") for suspension, removal or dismissal of the respondents from the membership of Public Trust called as "Pratap Vyayam Shala, Wardha".

(3.) In the said application under Section 41 (D) of the Act, he stated that in the year 1965, the fair price shop was allotted to the said Trust by the Government of Maharashtra. At the relevant time, the respondents were the Executive Committee Members of the said Trust.