YAMUNADAS NARAYANRAO DABHADGAONKAR Vs. JOINT CHAIRTY COMMISSIONER

JUDGEMENT

(1.) Heard Mr. V. J. Dixit, learned Senior Counsel for the appellant and Mr. J. S. Gavane, learned A.G.P. for respondent No. 1.

(2.) The trustee, being dissatisfied by the order dated 19th June, 1992 passed by learned 5th Additional District Judge, Beed in Trust Application No. 97/1989, pursuant to the Judgment and Order dated 31-8-1989 of Joint Charity Commissioner, Aurangabad in Revision Application No. 13/1986, has preferred the present appeal.

(3.) According the counsel for the appellant, registration of the trust vide Application No. 257/1961 by Shri Sheshacharya Vasudevacharya Anwane, Mahasab Beed and invoking inquiry under section 18 of the Bombay Public Trusts Act, 1950 in the requisite form by itself was a mistake on the part of said Shri Sheshacharya Anwane and the Trust could not have been registered by order dated 3rd of April, 1962. Though such requisition was made, as the parent trust of the devotees is in the name of His Holiness the Swamiji of Uttaradhimath, who was the Wahivatdar of different properties situate at Rananebennur and Hirekerur talukas in Dharwar district, in Chikkodi taluka in Belgaum district; also of two villages in Pandharpur taluka in Sholapur district and consequently subject properties could not be the trust properties as defined under section 2(13) of the Bombay Public Trusts Act, 1950 and they were Sarva Inam Private properties of the applicant-Math.