Gujarat Court May 1967 Judgments

Quazf ReziuddIn BadruddIn Vs. Mahmad AmIn Haji Abdulkader and ors.

Court: Gujarat

Reported in: (1968)9GLR93

P.N. Bhagwati, J.1 This Letters Patent Appeal raises a short question pf construction of certain provisions of the Bombay Public Trusts Act, 1950. The question is purely one of law but in order to appreciate the arguments bearing upon the question, it is necessary to state briefly, a few facts, giving rise to the litigation. The appellant claims to be hereditary Mutavali and Sajjadaaashin of Navsari Jaine Masjid and Hazrat Pir Malek Nasiruddin Saheb Durgah Wakf which is a public trust registered, under the provisions of the Act. Sometime in August 1954, respondents Nos. 1, 2 and 3 who are admittedly persons 'having interest in the trust within the meaning of Section 2(10) of the Act, made an application to the Assistant Charity Commissioner for inspection of the accounts of the trust ftwa 1950 to 1954. The appellant agreed give inspection pf the accounts of the trust for the years 1950-51 and 1951-52 and inspection of accounts; the tfflpt for those years was accordingly taken by respon...