SHRIRAM MANDIR SANSTHAN Vs. TULSIRAM BHAGIRATH LOHIYA

JUDGEMENT

(1.) BOTH these Second Appeals arise out of a common order delivered on 5-8-2004 by the Additional District Judge, Achalpur in Misc. Civil Application Nos. 18/2000 and 19/2000. Both Second Appeals have been admitted on same date, but with different questions of law.

(2.) THE facts are not very much in dispute between the parties. Appellant shriram Mandir Sansthan (hereinafter referred to as "the Sansthan" for short)owns immovable properties at village Umri, Itbarpur, Tahsil Daryapur, District amravati. The dispute is in relation to 20 Gunthas of land from field survey No. 5 belonging to the Sansthan and the claim of respondents for registration of viyogi Maharaj Ashram (hereinafter referred to as "the Ashram" for short) as an independent Trust. Admittedly the said field survey No. 5 is adjacent to river and additional land (mentioned as Wadhava) has become available in the vicinity. After some dispute the said additional land created by shifting of river bed has been held to be of the Sansthan by the Revenue Authorities. The respondents in both these Appeals claim to be the Trustees of the Ashram. It is admitted position that there are various Temples, Well and Dharmshala on the said 20 Gunthas land and additional land. As this portion was landlocked, Sansthan has also made available a piece of land about 16 feet in width and 500 feet in length for use as approach to these temples, well etc. A pucca road has been constructed on this portion by the Government for the use of the visitors and disciples of the ashram.

(3.) ON 3-5-1993 the present appellants filed Change Report No. 367/1993 before the Assistant Charity Commissioner for recording immovable properties standing on 20 guntha land and wadhava in Public Trust Register as belonging to the Sansthan. On 26-11-1993 the respondents filed application under section 19 of the Bombay Public Trusts Act for registration of Ashram as a Public Trust with very same properties. On 20-7-1996 the Assistant Charity Commissioner accepted the Change Report No. 367/1993 and recorded these immovable properties in the name of the Sansthan. Insofar as the claim in Enquiry No. 922/1993 is concerned, it was rejected by the same order after concluding that the ashram had no independent existence or entity. The respondents then filed two appeals i. e. Appeal Nos, 36 and 37 of 1996 under section 70 of the Bombay public Trust Act, and those appeals were allowed by common judgment dated 4-5-2000 by the Joint Charity Commissioner, Nagpur. The Joint Charity commissioner held that the immovable properties in 20 Gunthas of land from survey No. 5 or in additional land were not of Sansthan and in 1958 the Sansthan had passed a resolution and permitted the Ashram to use that portion of land. It was also found that since 1958 no objection was raised by the Sansthan or anybody till filing of the Change report in 1993. This judgment was questioned by the Sansthan by filing further proceedings under section 72 of the Bombay public Trusts Act before the Additional District Judge at Achalpur. The proceedings were registered as Misc. Application Nos. 18 and 19 of 2000 and by common judgment dated 5-4-2004 the said applications have been dismissed. Thereafter, these two Appeals have been filed.