SHIVPRASAD SHANKARLAL PARDESHI Vs. LEELABAI BADRINARAYAN KALWAR

JUDGEMENT

(1.) HEARD all the learned Counsel; Shri R. S. Apte for the heirs of Appellant No. 1, Shri A. A. Kumbhakoni for the heirs of original respondent No. 1. Shri K. K. Tated, Assistant Government Pleader for Charity Commissioner, and State of Maharashtra, Respondents Nos. 2 and 3.

(2.) THIS appeal of 1979 has been placed before us pursuant to the order passed by the learned Chief Justice on a reference made by a learned Single Judge on 17th August 1994 for deciding the following three questions:

(3.) ON 13th November 1941 Smt. Muniyabai @ Gangubai Sevakram Pardeshi of Solapur created a trust known as "gangubais Datta Trust". The Deed of Trust is at Exhibit 66. The original respondent No. 1 Leelabai was the daughter of Kausalyabai, who was the daughter of the settlor Smt. Muniabai alias Gangubai. Gangubai also executed a Will (Exhibit 100) on August 30, 1946. It appears that Leelabai also claimed that on the 9th April 1948, her grand mother Gangubai, had orally gifted the properties in her favour. The properties which are the subject matter of dispute before us are (i) House No. 95/b, corresponding to C. T. S. No. 8489/2 admeasuring 135. 45 sq. mtrs. Murarji Peth, Solapur, on which the "datta Mandir" is situated and (ii) House No. 95/c, corresponding to C. T. S. No. 8489/1, admeasuring 1. 31 Acres on which the chawl is situated. We will refer to the details of the trust deed in the latter part of this judgment; suffice it to say that nearly 80% of the income viz. the rent derived from the tenements in the chawl situated in house No. 95/c was to be spent for performing pooja and observing religious festivals at the Datta Mandir as per the wishes of the settlor and only 20% of the income was to be spent for purposes, which could be called public purposes.