PRAGJI SAVJI VAJA Vs. CHHOTALAL NARSIDAS PARMAR

JUDGEMENT

(1.) Petitioners who are claiming to be beneficiaries of Shree Gujarati Mochi Gnyati Navnat Trust registered with Charity Commissioner, under the provisions of Bombay Public Trust Act, 1950, by this trust petition seeks sanction of the amendment of the scheme which was sanctioned by this Court (hereinafter referred to as the said trust). In Chamber summons No.567 of 2013 filed by the applicants, who claims to be beneficiary of the said trust, seek amendment to the trust petition as per schedule appended to the said chamber summons, for deletion of the names of respondent nos. 1 and 2 and for holding of further annul general meeting to carry out further amendments and to appoint new trustees of the said trust. Applicant No. 1 in the Chamber summons is not party to the trust petition. Respondent Nos. 1 and 2 have expired during the pendency of the trust petition. Respondent nos. 3 to 5 are present trustees of the said trust. Respondent no. 6 is the Charity Commissioner of Mumbai.

(2.) The Petitioners and respondent No.1 to 5 all belong to Shree Gujarati Mochi Gnyati Navnat. The said trust is the owner and possessed of the property admeasuring about 725 sq. yards under Collector's No. 11384, New Survey No. 4/7261 having cadastral Survey No. 4 of Malbar Hill, Mumbai 400 006. In the year 1927, a suit was filed in this court (2281 of 1927) in which one Jivan Govind was the plaintiff and Harkar Govind was the defendant. The suit was filed inter alia praying for declaration that the suit properties referred to aforesaid belong to Gujarati Mochi community which are public charitable properties and applied for administration of the said charitable properties, appointment of the trustees and incidental reliefs.

(3.) By the said order dated 27th November, 1934, this court granted liberty to the plaintiff in the said suit to apply to this court as there may be occasion. It is the case of the petitioner that 90% of the beneficiaries i.e. Gujarati Hindu Mochi Community are residing in Malad, Borivali, Bhayander, Vasai and Virar and to undergo sale, purchase, long lease or development for the beneficiaries of the said Gujarati Mochi Community. It is the case of the Petitioners that the property at Walkeshwar is not fetching any income nor thus the beneficiaries have sufficient finance to develop the same and the property is encumbered. It is the case of the petitioners, that on 21st April, 2004 the trustees of the said trust, entered into Memorandum of Understanding with M/s. Surti Trade Place Pvt. Ltd for the sale of the trust property for the sum of Rs.6.5 Crores and created tenancies on or about 9th December, 2004 by a single trustee Shri. Shantilal Motilal Chauhan. It is alleged in the petition that respondent no. 2 created tenacny on or about 9th December, 2004 in respect of the said properties. It is alleged in the petition that the trustees Dr. C.N. Parmar, Mr. Leeladharbhai G. Gohil and Mr. Tusharbhai J. Sarviya had passed two resolutions for amendment of the Trust scheme and also for the sale and exchange of the properties.