HANIFSHA BABA DARGA Vs. SALIMKHAN KARIMKHAN

JUDGEMENT

(1.) This is a second appeal against the order of Additional District Judge who confirmed the order of Assistant Charity Commissioner framing a Scheme of the trust known as Khairullasha Darga.

(2.) Respondents 1 and 2 herein filed an application under section 50-A of the Bombay Public Trust Act before the Assistant Charity Commissioner for settlement of a scheme in respect of Khairullasha Darga Chikhli district Buldhana. Applicants contended that Applicant No. 1 was a Trustee of the Trust and No. 2 was the person having interest in the said Trust. There were in all 9 trustees and out of them three had resigned and three trustees had died. There was a Meeting on 20.2.1999 and the vacancies were filled in. As a result the Change Report was filed which was registered as Inquiry Case No. 259 of 1999. The said Change Report was admittedly allowed. It is contended by the applicants before the Charity Commissioner that there is no Scheme for proper management of the trust and there is no proper mode of succession. They therefore prayed that a Scheme be framed. Learned Assistant Charity Commissioner framed a Scheme for the said trust and appointed 9 persons as Trustees. Being aggrieved by that order one Hanifshah filed an appeal before the District Judge, Buldhana. District Judge, Buldhana dismissed the appeal and confirmed the finding of the Assistant Charity Commissioner.

(3.) Being aggrieved by that order Hanifsha has preferred this appeal. The appeal was admitted by this Court on the following substantial question of law: