GHAIBI PEER MASJID Vs. GARIB BUWA DEUL SANSTHAN

JUDGEMENT

(1.) THIS appeal filed under Section 72(4) of the Bombay Public Trusts Act, 1950 (for short the said Act) takes exception to the judgment dated 26.10.1993 passed by the learned Additional District Judge Washim confirming the orders passed by the learned Joint Charity Commissioner, Aurangabad and by the learned Assistant Charity Commissioner, Akola in proceedings under Section 19 of the said Act.

(2.) THE dispute between the parties is with respect of registration of a Masjid and a Temple. Application No. 362 of 1976 came to be filed for registration of a Masjid on the ground that the property in question was a Masjid and the same was therefore required to be registered. Another Application No. 255 of 1977 came to be filed claiming that a Temple be duly registered being in existence at the site in question. The learned Assistant Charity Commissioner by order dated 18.01.1979 recorded a finding that there was a Mosque in existence having an area of 18' x 18' at village Gaiwal and hence it was directed to be registered as a public trust. Similarly, it was held that a Temple was standing in the area of 10' x 10' at village Gaiwal and same was also directed to be registered as a public trust. This order came to be challenged before the learned Joint Charity Commissioner in two appeals filed by the respective parties. The learned Joint Charity Commissioner by judgment dated 12.11.1986 dismissed both the applications and confirmed the order passed by the learned Assistant Charity Commissioner. Thereafter two appeals were filed before the District Court and by the impugned judgment both the appeals came to be dismissed.

(3.) THERE is no appearance on behalf of the respondents though the appeal was heard for sometime on various dates.