MATAPRASAD DURGAPRASAD RAI Vs. GIRISH MULJI VORA

JUDGEMENT

(1.) The challenge in this petition is to the order dated 22/11/2018 (below Exhibit 19) passed by the Joint Charity Commissioner, Mumbai in Application No.479/2017.

(2.) By the said order, the Joint Charity Commissioner has refused to uphold, a preliminary objection raised by the petitioners (the original respondents), to the maintainability of the application under Section 41-D of the Maharashtra Public Trusts Act, 1950 ('Act' for short) filed by the first respondent.

(3.) The only contention raised on behalf of the petitioner is that the said application is filed by the first respondent in his capacity as a tenant of the said trust. Reliance is placed on the decision of this Court in the case of S. H. Jawandhiya and Ors. vs. Onkareshwar Birbal Prasad Mishra 1996(2) Mh.L.J. 897 in order to submit that this Court has held that a tenant is not a person interested within the meaning of Section 2(10) of the said Act. It is thus submitted that the application under Section 41-D of the said Act is not maintainable.