SAMASTHA LAD VANJARI SAMAJ Vs. WAMAN KISAN SANAP

JUDGEMENT

(1.) THIS Letters Patent Appeal raises a somewhat interesting question of law as to the power and jurisdiction of the Charity Commissioner and other authorities under the Bombay Public Trusts Act of 1950 (hereinafter referred to as "the Act") to decide questions which are required to be decided or dealt with by them under the relevant provisions of the Act. It would appear that there is a public trust called "Samastha Lad Vanjari Samaj Ram Mandir Trust", which is said to have come into existence as far back as the 19th Century and in any event prior to 1904. On the 16th of August, 1958 an application was made for registration of this public trust under the Act and in the events that happened, after holding the necessary inquiry, the trust was registered on the 17th of October, 1958 and was given a number which is A-488 Jalgaon. It would appear that when the trust was so registered on the 17th of October, 1958 a particular property, which is Survey No. 197 situate at Meharan, Taluka Jalgaon, was not included as one of the trust properties. In these circumstances, sometime in 1962 the trustees made an application under section 22 of the Act. THIS application was properly treated as an application under section 22-A of the Act and after holding an inquiry, the Assistant Charity Commissioner came to the conclusion that the property in question viz. Survey No. 197, was the property of the trust. He then ordered that the relevant entry be made in the relevant register and also directed that suitable steps be taken for recovery of possession of the property. THIS decision of the Assistant Charity Commissioner was given on the 19th of June, 1967. However, prior thereto there had been a decision, appeal and remand which need not be discussed. After a somewhat chequered career, the matter ultimately reached this High Court as First Appeal No. 176 of 1972. THIS First Appeal came to be heard by a Single Judge of this Court (Vaidya, J.) who, after hearing the parties, including the Assistant Government Pleader, came to the conclusion that the decision of the Assistant Charity Commissioner dated the 19th of June, 1967, the decision of the Joint Charity Commissioner dated the 25th of September, 1969 as well the decision of the Assistant Judge, Jalgaon, dated the 6th of December, 1971, must be set aside as without jurisdiction, because, according to the learned Single Judge, a Full Bench of this Court had decided that disputed questions of title cannot be gone into by the authorities under the Act and that such questions could only be decided by a Civil Court. The Full Bench Judgment referred to by the learned Single Judge is the case of (Keki Pestonji Jamadar v. Rodabai Khodadad Merwan Irani) 74 Bom.L.R 198. While allowing the appeal before him, the learned Single Judge observed: