NATHMAL TANNALAL JANU Vs. BANSILAL CHANDULAL JAJU

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18.11.1991, passed by the Additional District Judge, Washim in Misc. Judicial Case No. 8/1989, confirming the judgment and order dated 12.2.1986, passed by the Joint Charity Commissioner, Aurangabad in Revision Petition No. 87/1980 as well as the first order dated 3.8.1970, passed by the Assistant Charity Commissioner, Akola Region, Akola holding Shri Laxminarayan Mandir, Sansthan, Malegaon, Tq. Washim to be a public Trust and thus directing its registration under the Bombay Public Trusts Act, 1950.

(2.) Having heard learned Counsel for the rival parties, following substantial questions of law arise for consideration.

(3.) In support of the aforesaid two substantial questions of law, learned Counsel for the Appellants vehemently argued that even assuming that Rule 7A of the Bombay Public Trusts Rules was written in the statute book w.e.f. 2.6.1972, the principles of natural justice were required to be followed since there were four trustees of the private Trust -Shri Laxminarayan Mandir Sanstha, Malegaon by name Bansilal Chandulal, Mannalal Hiralal, Tulsiram Rampratap and Ramlal Hiralal, who were managing the affairs of the Mandir and the said private Trust. Admittedly, except Bansilal Chandulal and some tenants on the agricultural land held by Deosthan the other trustees were never given notice of intention to declare the said private Trust as public Trust.