Gujarat Court March 1961 Judgments

Ambelal Makanji Vs. Manual Narharishanker and anr.

Court: Gujarat

Reported in: (1961)2GLR614

R.B. Mehta, J.1. This is an appeal against the decision of the learned Extra Assistant Judge Surat who dismissed an application filed by the appellant under Section 72 of the Bombay Public Trusts Act 1950 against the decision of the learned Charity Commissioner who reversed the order of the learned Deputy Charity Commissioner who had held that the estate in question was not a public trust on an application made by the first respondent Manilal Narharishanker.2. The facts leading to this controversy are this way :The subject-matter of this controversy is Survey No. 547 comprising of 17 acres 32 Gunthas assessed at the annual revenue of Rs. 30 situated in the village of Achharan Taluka Olpad in the District of Surat. One Makanji Gopalji the deceased purchased this survey number on 13th April 1918 for Rs. 999/from one Khatu widow of Vajirkhan Kalekhan and other joint vendors. Thereafter by a document dated 27th May 1919 deceased Makanji made a disposition of this land to a public charitabl...