ARJUN KISAN BHAGAT Vs. NANA LAXMAN TAPKIRE

JUDGEMENT

(1.) Both these appeals are being decided together inasmuch as there is sufficient semblance of controversial questions involved in both of them. Though, First Appeal No.804/1989 was originally registered as First Appeal No.2578/1983 at Bombay, prior to establishment of the Bench at Aurangabad, and is renumbered as First Appeal here yet, the same is being treated and decided as Second Appeal in view of law laid down by this Court in "Maqbul Ahmed Miya Girav Vs. Hidayatulla Baldi and another" 1993 (1) Bombay Cases Reporter 386, followed by a Division Bench in "Shivprasad Shankarlal Pardeshi since deceased by heirs Shrikant Shivprasad and others Vs. Leelabai Badrinayaran Kalwar since deceased by her heirs and others" 1998 (1) Maharashtra Law Journal 444. For, the appeal arises from judgment and order rendered by learned Assistant District Judge in an application/appeal U/s 72(1) of the Bombay Public Trusts Act, 1950 (hereinafter referred to as B.P.T. Act).

(2.) Though, necessary substantial questions of law were formulated while admitting the Second Appeal No.274/2002 yet, it appears that no such substantial question of law was formulated in F.A.No.804/1989. The reason being that it was treated and admitted as First Appeal. Consequently, the necessary substantial questions of law are formulated at the time of hearing and decision on merits of the appeal.

(3.) Background facts may be briefly stated as follows :