SHAKIL MUSA PATEL Vs. DILIPSING PRATAPSING PATIL

JUDGEMENT

(1.) Heard. Admit. Taken up for final disposal with the consent of the learned counsel for the rival parties.

(2.) Waghur Shikshan Prasarak Mandal, Sakegaon, Dist. Jalgaon is a public trust having registration No. F718 under the provisions of the Bombay Public Trust Act (hereafter referred as to the "Trust Act" for the sake of brevity) which runs a few schools and a college. In all there were nine trustees in the managing committee of the said trust, out of which Narayansing Gulabsing Patil (hereinafter referred as to "Narayansing Patil" for the sake of brevity) was the President who died on 15.08.2000, while Mohammad Musa Patel was the Vice President (hereafter referred as to "Musa Patel" for the sake of brevity). There was no dispute amongst the trustees till August 1999, which is clear from the fact that last undisputed change report amongst the trustees bearing No. 240/1997 in which managing committee was elected for five years i. e. up to 2002, was accepted without any contest. However, in the year 1999 dispute arose. According to Narayansing Patil, his rivals, Musa Patel, Anil Patil and others forcibly took away the record of the trust with them, about which report was lodged to the police by Narayansing Patil. Thereafter, the managing committee headed by Narayansing Patil expelled Musa Patel and others for acts of misconduct as aforesaid and filed a Change Report No. 430/1999 about their expulsion. That was rejected on 15.03.2000.

(3.) On 05.08.2000, Musa Patel filed an Application No. 1176/2000 before the Assistant Charity Commissioner (hereafter referred as to the "A.C.C." for the sake of brevity) for direction to Narayansing Patil to hold meetings and on 10.08.2000 A. C. C. passed interim order authorizing Musa Patel to call monthly meetings. Narayansing Patil died on 15.08.2000. The said application was disposed of on 31.08.2000 without any further orders. Nephew of Narayansing Patil i. e. Deelipsing Patil filed Change Report No. 1288/2000 saying that he was elected on 25.08.200 as President of the trust. Deelipsing Patil also filed Appeal No. 15/2002 against the order of rejection of Change Report No. 430/1999 about removal of Musa Patel and others. Shakil S/o Musa Patel filed Change Report No. 1290/2000 stating that he was elected on 30.08.2000 as President in place of Narayansing Patil. On 01.11.2001 change report filed by Deelipsing Patil was accepted, but change report filed by Shakil Patel was rejected by A. C .C. about claim for the post of President. On 11.11.2001, Deelipsing Patil enrolled 338 new members and on 12.11.2001 A. C. C. stayed his own order dated 01.11.2001. Shakil Musa Patel also enrolled 342 new members. The original old members of the trust were 80. Appeal No. 15/2002 filed by Deelipsing Patil was rejected by Joint Charity Commissioner (hereinafter referred as to the "Jt. C. C." for the sake of brevity) on 30.05.2002 and hence Deelipsing Patil filed M. C. A. No. 164/2002 in District Court and District Court dismissed it on 24.01.2013 against which Second Appeal No. 294/2013 is filed in this Court by Deelipsing Patil.