AGRASEN BHAWAN TRUST Vs. SHASHIKANT PATWARI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 18th june, 1993 passed by the learned Additional district Judge, Jalna on an application under section 72 of the Bombay Public Trusts Act, 1950 (for short, the Act ).

(2.) BY a deed of gift dated 6-8-1964 shriram Govardhandas and others (who were claiming under late Dwarkadas) gifted unto bansilal Dwarkadas and other the property bearing House No. 57 (old) (58 new) upon a trust for the objects mentioned in the said gift deed. The trustees thereafter made an application for registration of a trust and the trust came to be registered in the name of shri. Agrasen Bhawan Trust, Jalna under registration number A-1220 (Jalna ). After appointment of the new trustees, change report bearing No. 12 of 1984 was filed, which was accepted by the Assistant Charity commissioner who felt that the trust did not have rules and, therefore, it was expedient to frame a scheme under Section 50-A of the act. The Trustees were, therefore, directed to submit a draft scheme. Some members of agrawal community objected to the scheme submitted by the trustees and submitted another scheme in respect of the trust. After hearing ail concerned, the Assistant Charity commissioner came to the conclusion that it was necessary to frame a scheme and referred the matter to the Joint Charity commissioner for framing of an appropriate scheme under section 50-A of the Act.

(3.) AFTER notices to all concerned, the Joint Charity Commissioner held an enquiry as to the necessity of framing of a scheme under section 50-A of the Act. In the enquiry before the Joint Charity commissioner, the existing trustees and the other persons of Agrawal community agreed that it was expedient and necessary to frame a scheme for proper administration of the trust. Two draft schemes were submitted before the Joint Charity Commissioner; one by the existing trustees and the other by the members of Agrawal community. The Joint charity Commissioner, by his judgment and order dated 29-8-2001 framed a scheme substantially accepting the scheme submitted by the members of Agrawal community. Being aggrieved by the said judgment and order of the Joint Charity Commissioner, the present appellant who claims to be the president of Agrawal Bhawan Trust, filed an application under section 72 of the Act before the District Court, Jalna for setting aside the order passed by the Joint Charity commissioner and suggested several modifications in the scheme. By the judgment and order dated 18th June, 1993, the learned additional District Judge accented some of the modifications suggested by the appellant in the draft scheme but rejected the other contentions. The learned Additional District judge confirmed the scheme framed by the joint Charity Commissioner. That judgment is impugned in this appeal.