CHARITY COMMISSIONER BOMBAY Vs. SYED YASIN

JUDGEMENT

(1.) ). Being aggrieved by the order passed by the Joint District Judge, Akola, in an appeal, the Charity Commissioner of the State of Maharashtra, has come here in revision.

(2.) ). The plaintiffs Syed Yasin and Hussainkhan had filed a suit under Section 50 of the Bombay Public Trusts Act in the Court of the District Judge. Akola, with a prayer that some of the trustees of Naigaon Masjid Trust, Akola should be removed, and they also wanted a direction for appointment of new trustees. There were other incidental prayers. This suit was filed in the District Court and the District Judge transferred the suit for disposal to the Assistant Judge, Akola. The learned Assistant Judge dismissed the suit and, therefore the plaintiffs filed an appeal before the District Judge. A preliminary objection on behalf of the applicant here was raised as to the tenability of the appeal. The learned Joint District Judge rejected the preliminary objection and ordered the appeal to proceed. This revision was heard by my learned brother Mr. Justice Chandurkar on 8th and 9th of October, 1970.

(3.) ). A question whether a suit under Section 50 of the Bombay Public Trusts Act can be transferred to the Assistant Judge was also raised there. It was not possible for my learned brother to ascertain from the record how the suit was transferred to the Assistant Judge for trial. In order therefore to know whether the suit was in fact properly transferred, a report was called from the District Judge, Akola, as to how the suit was transferred by him and on what date the order for transfer was passed. We have now received the report of the District Judge, Akola. The District Judge, Akola, had by an order dated 10th of June, 1968 transferred certain civil matters including Civil Suit No. 1 of 1967 which is the subject-matter of this revision to the Assistant Judge, Akola, for disposal according to law. This order appeared to be under Section 16 of the Bombay Civil Courts Act where-under the District Judge may refer to any Assistant Judge subordinate to him original suits of which the subject-matter did not exceed Rs. 15,000/ -. The Assistant Judge under Section 16 shall have jurisdiction to try such suits and to dispose of such applications,