PRABHAKAR RAMCHANDRA SURVASE Vs. MANOHAR GANPAT SAPATE SHRI

JUDGEMENT

(1.) BY this first appeal, the appellants seek to challenge the judgment and order passed by the District Judge, Solapur on 18-7-1998 in Civil Misc. Application No. 14 of 1998 filed under section 72 of the Bombay Public Trusts Act, 1950 (for short Act of 1950 ).

(2.) THE relevant facts necessary for disposal of this first appeal are : Maratha Samaj Seva Mandal (for short the Trust) was created under the trust deed dated 14-1-1960 and was registered in the year 1961 under the provisions of the Bombay Public Trusts Act. The objects of the trust are educational and the trust runs various schools and colleges in Solapur. The trust deed is said to have been lost in floods. The trust has it own constitution which amongst others provides for its aims and objects, membership, composition of managing committee, its powers and tenure, powers of office-bearers and the powers of general body. The general body meeting of the trust was held on 10-5-1996 and in that meeting, unanimous resolution was passed amending Clause No. 7 (3) of the Constitution in respect of tenure of management committee and by view of amendment, the tenure of a management committee was enhanced from 3 years to 5 years. Manohar Ganpat Sapate, President of the trust (respondent herein) made an application before the Assistant Charity Commissioner, Solapur informing him about the change in the constitution Clause No. 7 (3) and prayed that the said change be recorded. Alongwith the change report, copy of the constitution, minutes of the meeting of general body held on 10-5-1996 and the affidavit of its President Shri Sapate were also filed. The Assistant Charity Commissioner accepted the change report by his order dated 4-6-1996. The petitioners challenged the order passed by Assistant Charity Commissioner by filling revision before the Joint Charity Commissioner who by his order set aside the order of the Assistant Charity Commissioner. The respondent herein was aggrieved by the order of the Joint Charity Commissioner and he filed the application under section 72 of the Act of 1950 before the IIIrd Addi. District Judge, Solapur who by the impugned order set aside the order of Joint Charity Commissioner and restored the order of Assistant Charity Commissioner and thus upheld acceptance of change report.

(3.) THE only contention raised by the learned Counsel for appellants in the first appeal is that the general body had no power to amend or vary the constitution which was in the nature of instrument of trust and the only remedy was to file a regular suit under section 50 of the Act of 1950 as provided in Clause (o) of section 50.