VIRBALA K KEWALRAM Vs. RAMCHAND LALCHAND

JUDGEMENT

(1.) : This appeal is filed against the judgment and Order passed by the City Civil Judge dated 15th April, 1994 in Charity Application No. 35/93, dismissing the application and confirming the order of the Charity Commissioner passed under section 70-A of the Public Trusts Act.

(2.) THE proceedings were initiated under the public Trusts Act before the Deputy Charity commissioner by the Respondents herein by filing application invoking the revisional jurisdiction under section 70-A of Bombay Public Trusts Act and sought order for change report for registration of immovable property bearing C. T. S. No. 400 admeasuring 703 sq. yards. The Trust Deed alleged to have been executed by one Kumbhandas Kewalram, registered at serial No. 1609 on 31st May, 1963 in the office of Sub-Registrar of Assurance, Bombay on 1st October, 1963, settled the properties mentioned therein admeasuring 1399 sq. yards comprising of C. T. S. No. 400 and C. T. S. No. 401 admeasuring 588 and 582 sq. mts. respectively. The settler of the Trust Deed Mr. Kumbhandas Kewalram has created a Trust by name Kewal Baug Trust and under the said Trust Deed, he has appointed the trustees for execution of the Trust and to carry out the objects of the Trust. The application for registration of the Trust under the Bombay Public trusts Act was filed in the office of the Charity commissioner bearing Application No. 147/63 on 22nd June, 1963 but as the details of the properties described in the Trust Deed were not given along with that application, the same was not registered and numbered till 1965. In the meantime, the settler of the Trusts Deed kumbhandas died on 26-7-1964. It reveals that thereafter the Trustees have moved with a Deed of rectification on 27th September, 1965 declaring that out of the two properties mentioned in the deed of Trust by the settler, one property bearing c. T. S. No. 400 admeasuring 703 sq. yards has been wrongly mentioned. Accordingly property bearing c. T. S. No. 400 was delete from the said schedule of the Trust property. Thereafter, the Trustee executed the Trust Deed as per the wish of the settler and the trust property was entered in the record in the month of December, 1965. It reveals that the successors of the old trustees moved with a change report being change report Nos. 56/91 and 894/91 requesting the Dy. Charity Commissioner that the properties mentioned in the Trust Deed are two properties but only on property has been registered as trust property. Thereafter, the property being C. T. S. No. 400 admeasuring 703 sq. yards which was deleted by the original trustees came to be included in the schedule of the property of the said Trust. It also reveals that both the change reports came to be dismissed by order dated 18-11-1991 by the Deputy Charity commissioner holding that the Trust was having only one immovable property as the public Trust property. It reveals that after the dismissal of the application for change report, the present respondents-Trustees challenged the order passed in Application No. 147/65 dated 22-11-1965 before the Charity Commissioner being Application No. 6/93 under section 70-A of the Bombay Public trusts Act. Under the revisional power, the learned Charity Commissioner has modified the order passed by the Deputy Charity Commissioner in application No. 147/65 dated 22nd November, 1965, by his speaking order dated 25th August, 1993 and both the properties were ordered to be entered in the schedule of the Trust Property.

(3.) THE present appellants who are the heirs of the deceased Kewalram have challenged that order by filing application bearing Charity Application no. 35/93 in the City Civil Court at Bombay. The said application came to be dismissed by the judgment and Order dated 15th April, 1994. Hence this appeal against that order.