TUKAI DEVI TRUST Vs. NIVRUTTI P. MUJUMLE

JUDGEMENT

(1.) Admit. Respondents waive notice. By consent, the appeal is heard and decided finally at the admission stage.

(2.) Though it is a First Appeal, under Bombay Public Trusts Act, it is to be considered in the form of Second Appeal. In this Appeal, substantial questions of law is formulated as follows:

(3.) Appellant No.1 is a Trust in the name of goddess 'Tukai'. The Trust owns immovable property i.e., a temple and land admeasuring 2 to 3 acres. The families of the appellants are appointed as Trustees and they are also 'Pujaris' known as 'Gurav'. Since nearly 100 years they are offering services to goddess. Though they are not from one unit of the family, they are the branches of one original family. The respondents are the members of the Gram Panchayat of Village Kondhanpur, where the temple and the Trust situate. The respondents are also the members of different units of one original family. The respondents have filed application under section 41D of the Mumbai Public Trust Act praying that there is non-performance of functions as trustee and breach of the scheme and object of trust is frustrated due to misfeasance and malfeasance, on the part of trustees. So, they are to be removed from the Trusteeship. The application filed by the Respondents was allowed and the application made by the appellants was rejected by the Deputy Charity Commissioner on 31.10.1977. Thereafter, an application was moved before the District Court who upheld the order of the Deputy Charity Commissioner. Hence, the appellants are before this Court, in this appeal.