JANKIBAI PRAHLADRAI BRIJLAL SEKSARIA Vs. KASHINATH RAGHUNATH KELKAR

JUDGEMENT

(1.) THIS civil revision application has been directed against the judgment and order passed by the learned Judge of the City Civil Court at Bombay on 16-2-1970 in Suit No. 1362 of 1960 on his file.

(2.) THE suit in question was filed by two plaintiffs, who happen to be the trustees of the Bhagoji Balooji Keer Public Religious and Charitable Trust. This trust was created under a Deed of Trust made by Bhagoji Balooji Keer on 15-5-1930. This Trust has been duly registered under the provisions of the Bombay Public Trusts Act, 1950. The properties included in this Trust admittedly include the property bearing Cadastral City Survey No. 657 situate at Mahim, Shortly after this Trust was made--in fact within seven days thereafter Bhagoji Keer acquired another property bearing Cadastral City Survey No. 656. This property is adjacent to the property bearing Cadastral City Survey No. 657 and some structures have been constructed thereon. One of them is "dnyan Mandir" now known as Shree Cinema. It appears that this structure has been constructed on 922 sq. yds. out of City Survey No. 657 and partly on a portion of Cadastral City Survey No. 656.

(3.) UNDER the Deed of Trust, Bhagoji Balooji Keer and two others were the trustees. After Bhagoji's death on 24-2-1944 his son Bhalchandra (defendant No. 1) came to be appointed as a trustee in place of his deceased father along with the two other trustees appointed under the Trust. On 23-5-1946 this Bhalchandra was adjudicated inso-vent with the result that his estate vested in the Official Assignee and his place as a trustee was taken by Bhagoji's other son. Anant (Defendant No. 3 ). In 1947, the Official Assignee filed a suit for the administration of the personal estate belonging to Bhagoji in which insolvent Bhalchandra was entitled to a share. That suit was Suit No. 807 of 1947 and the same was filed in the High Court. In that suit, the Court Receiver was appointed as a Receiver of the property on 16-6-1947. The Official Assignee, in due course took possession of Bhalchandra's personal property. On 27-4-1954, new trustees were appointed in the proceeding of Civil Suit No. 625 of 1949 and some time thereafter the two plaintiffs along with defendant No. 3 came to be appointed as the trustees of the Trust. Under orders of the Court passed in the administration suit, the property known as Shree Cinema came to be sold by auction and was purchased by defendant No. 12 on 1-10-1958. Bhalchandra, it appears, had mortgaged his share in all the suit properties in favour of defendant No. 9 and his right, title and interest in those properties were subsequently purchased by defendant No. 9.