MALTIBAI AND ORS Vs. SHANKARRAO AND ORS

JUDGEMENT

(1.) Both these appeals filed under Section 72 of the Maharashtra Public Trusts Act, 1950 (for short, the said Act) take exception to the common judgment dated 31.7.1991 passed by the learned 4th Additional District Judge, Nagpur and hence, they are being decided by this common judgment. The proceedings arise under Section 19 of the said Act with regard to declaration that one Murlidhar Swami Deosthan was a public trust and its properties were public trust properties. One Shri Waman Manohar Halde had filed an application seeking declaration that Murlidhar Swami Deosthan, Mohapa as well as properties in its name were private properties of Halde family and the same was not of a public trust. These proceedings were numbered as Enquiry No. 861 of 1973 under Section 19 of the said Act. After public notice was issued, various objections were raised to the prayer as made in that application. One Shri Shankarrao Patil and three others also filed proceedings under Section 19 of the said Act seeking declaration that aforesaid Deosthan and its properties were public trust properties. Said proceedings were numbered as Enquiry No. 648 of 1975. Both these proceedings were tried together with evidence being led in Enquiry No. 861/1973.

(2.) While it was the case of Shri Wamanrao Halde that the Deosthan was constructed by one Shri Govind Halde with his own resources and the Deosthan and its properties belonged to Halde family. There was no dedication of aforesaid property and the same was being managed by the members of Halde family. However, Shri Madhav Pande and Shri Govind Tekade interfered with the possession of the said properties due to which a declaration that the Deosthan was not a public trust was sought.

(3.) While Shri Waman Halde examined himself vide Exhibit 95 in support of the plea that the property was family property, on behalf of the Objectors seven witnesses came to be examined. After considering the entire evidence on record, the learned Dy. Charity Commissioner, Nagpur by order dated 23-12-1975 came to the conclusion that Shri Murlidhar Swami Deosthan, Mohapa was required to be registered as a public trust and its properties ought to be shown as public trust properties.