GOVIND KRISHNA ABHYANKAR Vs. KAMALAKAR VISHNU GANPULE
LAWS(GJH)-1979-11-16
HIGH COURT OF GUJARAT
Decided on November 06,1979

GOVIND KRISHNA ABHYANKAR Appellant
VERSUS
KAMALAKAR VISHNU GANPULE Respondents

JUDGEMENT

M.K.SHAH - (1.) This revision application filed by the original defendants Nos. 1 2 and 3 in regular civil suit No. 58 of 1976 of the court of the Joint Civil Judge (J.D.) at Baroda filed by the opponent plaintiff is directed against the order passed by the trial court on its finding on a preliminary issue with regard to jurisdiction and it raises an important question regarding the scope and ambit of sections 50 and 51 of the Bombay Public Trusts Act 1950 (the Act).
(2.) The plaintiff is a trustee of a trust known as Brahman Sabha Baroda registered under the Bombay Public Trusts Act 1950 Defendant No. 1 is also a trustee and President of the said Brahman Sabha while defendant No. 3 is the Vice President and Chairman of the Managing Committee of the said Brahman Sabha.
(3.) It was the plaintiffs case that a hall which was newly constructed by putting up a storey on the original structure of a ground and first floor building of the trust property was constructed for the purpose of its use by the members of the Sabha for performing religious and social functions. This was done after passing a resolution in a general meeting of the Sabha in the year 1969. It was the case of the plaintiff that in the year 1970 another resolution was passed by the General Sabha in defiance of the constitution rules and regulations of the Sabha as also in defiance of the scope of the recommendations of the committee appointed by the general body in the year 1969 with regard to the purpose for which the said hall was constructed and it was the plaintiffs contention that the former resolution of 1969 being in consonance with the rules and regulations of the Sabha cannot be set aside and superseded by another resolution passed later in the year 1970 and that therefore the latter resolution stood suspended so far as its operation was concerned. It was also the plaintiffs case that he learnt that the defendants were negotiating with the General Manager Tele Communication department of the Government Gujarat Circle Ahmedabad for giving on lease the newly built hall of the Sabha. As this was against the constitution rules and regulations of the Sabha he served a notice on the defendants and in the general body meeting of the Sabha held on 24th August 1975 the plaintiff tabled a resolution to the effect that the said hall newly constructed should not be let out to outsiders and should he utilised for ceremonial and other religious ceremonies of the members as per sub-rule 4 of the Rules framed for letting out the premises of the Sabha and that the resolution passed in the prior general meeting contrary to the same be declared void. The Chairman did not allow this resolution to be tabled at the meeting stating that the negotiations with the P & T Department had practically reached the crucial stage of almost completion and the resolution if tabled would harm the prestige of the Sabha. The plaintiff expressed his disagreement to the proposed lease of the hall in the meeting of the trustees of the Sabha held on 14th September 1975 and he thereafter filed the said suit for a declaration as aforesaid and for a permanent injunction restraining the defendants from letting out the said premises of the Sabha as intended.;


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