DADASAHEB DATTAJIRAO NIMBALKAR Vs. USHADEVI RAJARAM NIMBALKAR

JUDGEMENT

(1.) HEARD the Advocates for the parties. Perused the records. Since the common question of law arises in these matters the same were heard together and are being disposed of by this common judgment.

(2.) THESE appeals were admitted on 11th October, 1988 as first appeals. However, in view of the decision of this Court in the matter of (Shivprasad Shankarlal Pardeshi v. Leelabai Badrinarayan Kalwar), reported in 1998 (2) Bom. C. R. 744, it is necessary to ascertain whether there arises any substantial question of law in these matters. Upon hearing the learned Advocates for the parties, it is apparent that the following substantial questing of law arises for consideration in this appeal:-

(3.) THE facts in brief relevant for the decision are that on 31st March, 1979 Major Dadasaheb Dattaji Nimbalkar established a public trust, namely, Major Dadasaheb Nimbalkar Educational Charitable Trust. Said Dadasaheb was the managing trustee alongwith his wife Radhabai and son Rajaram as the trustees. Said Rajaram expired on 8th November, 1981. On 12th November, 1982 Dadasaheb submitted the change Report No. 1889 of 1982 under section 22 of the Act for the deletion of the names of Rajaram as well as Radhabai. It was the contention of Dadasaheb that Radhabai had resigned on 14-1-1982. He also requested for inclusion of names of Urmiladevi Bhojraj Nimbalkar and Suryakumar Dnyandev Khade as the trustees in place of Rajaram and Radhabai. The change report was accepted by the Assistant Charity Commissioner by his order dated 29th November, 1982. The review preferred by Radhabai as well as by Ushadevi widow of Rajaram being Revision Application No. 23 of 1984 was dismissed by the Joint Charity Commissioner on 15-5-1986, which was sought to be challenged before the District Judge, Kolhapur in Misc. Civil Application No. 133 of 1985.