RAMA KAWADUJI BHENDE Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) This is an appeal under Section 72(4) of Bombay Public Trust Act, 1950, which is treated as Second Appeal under Section 100 of Civil Procedure Code and this Court can interfere only when substantial question of law arises in the matter.

(2.) Heard Shri Bhangde, Senior Advocate with Shri R.M. Bhangde, Advocate for the appellants, Shri Parihar, learned AGP for respondent No.1 and Shri Chandurkar, learned counsel for respondent No.2.

(3.) To state the facts briefly, it appears that the Trust of which the present appellants claimed to be members viz., .Shubham Bahuuddeshiya Sanstha., Waddhamna, Tahsil . Hingna, District . Nagpur, registration No. PTR No. F-7843 is alleged to have passed a resolution on 13.3.1990 (Exh. 22) introducing payment of donation in lieu of yearly contribution or membership fees. Alleging that the present appellants have failed to pay subscription as required by constitution, the present respondents filed a Change Report before the Deputy Charity Commissioner for deleting their names from Schedule I, pointing out that after completing necessary formalities, resolutions of their removal have been passed on 13.9.1992, 27.9.1992 and 21.11.1993. The Change Reports were opposed by present appellants who relied upon Exh. 22 to contend that after Exh. 22, a member was supposed to pay only donation and subscription as required by Constitution was not required to be paid. The reporting trustee relied upon the constitution to point out the obligation to pay the subscription. The Deputy Charity Commissioner by his order dated 29.6.2002 rejected the Change Report. The said rejection was questioned by present respondents by filing appeal under Section 70 of Bombay Public Trust Act. The Joint Charity Commissioner after hearing, decided said appeal on 18.12.2002 and allowed it. This judgment was questioned by present appellants by filing appeal under Section 72 before the District Court at Nagpur and 3rd Additional District Judge on 6.12.1993 dismissed the said appeal and maintained the order of Joint Charity Commissioner. The Joint Charity Commissioner as also Additional District Judge found that the resolution at Exh. 82 could not and do not amend the clause in the Constitution which required the members to pay subscription regularly. The said judgment dated 6.12.2003 is questioned in present Second Appeal.