MAGANLAL HIMATRAM BARFIWALA Vs. MRIDANGRAJ HIRALAL SUCHAK

JUDGEMENT

(1.) Rule. Mr.Kapadia, learned senior counsel for the respondent waives service. By consent of parties, writ petition is heard finally. The matter is placed on board for final hearing.

(2.) By this petition filed under Article 227 of the Constitution of India, the petitioners (original opponents) have impugned order dated 7 th April, 2018 passed by the learned Joint Charity Commissioner - II, Maharashtra State, Mumbai holding that the respondent (original applicant) is a person having interest in the trust to file an application under section 41-D of the Maharashtra Public Trusts Act, 1950 (for short the said MPT Act). Some of the relevant facts for the purpose of deciding this petition are as under :-

(3.) The petitioner no.1 is a trust registered under the provisions of the said MPT Act. The respondent is a lessee/tenant in respect of the entire ground floor of the building known as Gopaldas Barfiwala Trust Building situated at 37/39, 39/41, Vithalbhai Patel Road, Mumbai 400 004 admeasuring about 2800 sq.ft. It is the case of the respondent that as per letter dated 24th January, 1917, Shri Maganlal Himatram Barfiwala, a trust was created to open Khata (department) in the name of Madhavji Jesang, Amarsey Kanji and Maganlal Himatram Barfiwala Lohana in Balashram existing in Mumbai for up-bringing of little orphan kidling, managed by Shri Halai Lohana community. It was mentioned in the said Will that the management of the said Khata shall be carried on in such manner as the trustees of the said Shri Halai Lohana Mahajans community think proper. It was further provided that the said accounts thereof shall be published along with annual report of the said Balashram.