LADY SOONOO JAMSETJEE Vs. JAMSHEJI EDULJI DASTOOR

JUDGEMENT

(1.) THIS is an appeal against the dismissal of the Charity Application no.6 of 1980 by order dated 19-9-1980 passed by the learned Judge, City Civil Court at Bombay.

(2.) AS these proceedings are in a way sequel to the orders passed by His Honour Judge of the City Civil Court, Bombay in Charity Application no.14 of 1975, reference to the said order becomes relevant. Present respondent no.1 Jamshedji Edulji Dastoor, who is a parsi priest, filed an application bearing Charity Application no.14 of 1975 before the Bombay City Civil Court, Bombay challenging the judgment and order passed by the learned Deputy Charity Commissioner on 31.8.1974. Opponents to the said application were the trustees of a public trust known as "Bai Motlibai Wadia Baj Rojgar Trust". The said Trust" was registered under the provisions of the Bombay Public Trusts act, 1950 on 20.3.1953. the said Shri Dastoor filed a revision application under the provisions of section 70.A of the Bombay Public Trusts Act praying that the said order of registration be set aside. AS the main grievance therein was that the fire temple or daremaher at Gopipura constructed on the land belonging to his ancestors, by his ancestors was destroyed in fire, and in response to the appeal by his ancestors for fund one Jehangirji Nasservanji Wadia of Bombay got the said daremaher constructed in the year 1841 and gifted it to the applicant's ancestors on 28.3.1841. The said Dastoor therefore objected the said fire temple being included as the property belonging to the registered trust by name Bai Motlibai Wadia Baj Rojgar Trust. The said application for revision was dismissed by the authorities under the provisions of the Bombay Public Trusts Act. aggrieved by that Shri Dastoor filed the present Charity Application no.14 of 1975. His Honour Judge Mehta, as he then was, on consideration of the material on record held that the assertions of the said Shri Dastoor to the ownership of the said Gopipura daremaher was totally dishonest and in fact in paragraph 16 of the aforesaid order the Judge Mehta had depricated and condemned the conduct of the said Shri Dastoor in no uncertain terms.

(3.) IT appears in the meantime the said Shri Dastoor made an application to the Assistant Charity Commissioner Bombay on 19.3.1976 praying that if any application for registration of Gopipura trust being made to him at Bombay then notice should be given to him as he desires to oppose the same. The trustees of Gopipura trust presented an application to the Assistant Charity Commissioner at Bombay on 1.6.1977 for registration of the said Gopipura Trust. The Assistant Charity Commissioner held inquiry being enquiry no. 2386 of 1977 under section 19 of the Bombay Public Trusts Act and on 10.8.1977 a public notice of this application was given in the newspaper 'Pratap' being published at Surat. No individual notice of the application was given to said Shri Dastoor. The enquiry was uncontested and the Assistant Charity Commissioner passed an order dated 17.11.1977, registering the said Gopipura trust and holding that the applicants were trustees of the said Gopipura trust. Against the said decision dated 17.11.1977 the said Shri Dastoor failed an appeal no.107 off 1978 under section 70 of the Bombay Public Trusts Act, as well as revision application no.25 of 1978 under section 70A of the Bombay Public Trust Act. The said appeal as also the revision were heard by the Deputy Charity Commissioner with appellate power and by judgment and order dated 26.12.1979 he held that it was necessary, expedient and in the interest of trust that the matter be remanded back for fresh hearing and accordingly allowed the revision and the appeal. He set aside the order registering the said Gopipura trust and remanded the inquiry for fresh hearing and directed issue of notice to all parties concerned and then decide the matter in accordance with law.