ADINATH TIRTHANKAR JAIN MANDIR Vs. SHANTAPPA DADA MADNAIK

JUDGEMENT

(1.) THESE are appeals by the trustees of defendant 'shri Adinath Trithankar Jain Mandir' and the Charity Commissioner against the order of remand passed by the learned Assistant Judge, Kolhapur.

(2.) THESE appeals arise in this way. The suit property, which is land, originally belonged to one Devappa. After the death of Devappa and his son Annappa, Devappa's property was inherited by his widow Ratnabai. she donated the suit land to 'shri Adinath Tirthankar Jain Mandir' which is defendant No. 1 in the present suit. The gift-deed was executed on 23rd July 1945. After the execution of that gift-deed Ratnabai died sometime later during the same year. The plaintiff alleges that he and defendants Nos. 2 to 4 are reversioners to the estate of Annappa. The plaintiff filed the present suit for partition and separate possession of his one fourth share in the suit land. According to the plaintiff, Ratnabai as a widow in the joint Hindu family had a limited estate and she had no right to donate the suit land to the said Mandir. On these allegations, partition and separate possession of one-fourth share is claimed by the Plaintiff. The Charity Commissioner is defendat No. 5 in the present suit.

(3.) THE suit was contested on various grounds. One of them being that the Civil Court has no jurisdictiion to entertain and try the present suit in view of Section 80 of the Bombay Public Trusts Act, 1950 (hereinafter referred to as "the Act" ). The trial Court upheld that contention and dismissed the plaintiff's suit. Against this decision, the plaintiff preferred an appeal to the District Court, Kolhapur. The learned Assistant Judge, who heard the appeal, held that the present suit is not barred under Section 80 of the above said Act. He, therefore, set aside the decree passed by the trial Court and remanded the suit to the trial Court for disposal on merits. It is against this decision, that Appeal from Order No. 271 of 1962 is preferred by the trustees of the above said Mandir. Appeal from Order No. 302 of 1962 is preferred by the Charity Commissioner against the same decision.