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1986 Supreme(SC) 305

RANGANATH MISRA, R.S.PATHAK
Heir Of Deceased Maharaj Purshottamlalji Maharaj, Junagad: Ajanta Estate Agency, Jayshree Road, Junagad – Appellant
Versus
Collector Of Junagad District – Respondent


Advocates:
A.B.MANIAR, AJAY K.AGRAWAL, ANIL NAURIYA, B.K.MEHTA, C.D.KAKKAD, Indu Sharma, K.L.Hathi, M.N.SHROFF, Mukul Mudgal, P.H.Parekh, P.K.MANOHARAN, RAJ SHEKHAR RAO, S.H.SHETH, T.S.KRISHNAMURTHY IYER, T.U.Mehta, VIMAL DAVE

JUDGMENT

RANGANATH MISRA, J. :— These two appeals by special leave assail the judgment. of the Gujarat High Court substantially affirming the appellate decision of the Charity Commissioner that the Pushti Margiya Moti Haveli at Junagad and thirty-eight items of its properties constitute a public trust under the Bombay Public Trusts Act, 1950.

2. The appellant is the widow of Maharajshri Purshottamlalji who admittedly was a lineal descendant of Shrimad Vallabhacharyaji, the founder of the Pushti Margi Sampradaya. Purshottamlalji passed away in 1955 and, after him, the appellant has been in charge of the management of the Haveli and its assets both moveable and immoveable. The Bombay Public Trusts Act, 1950, (hereinafter referred to as the Act) was extended to Saurashtra area of the Gujarat State in the year 1961. In October 1961, the appellant made an application to the Assistant Charity Commissioner at Rajkot under S. 18 of the Act contending that the Haveli and its properties did not-constitute a public trust. An inquiry followed to determine the character of the institution and the Assistant Charity Commissioner and the Charity Commissioner found that the institution was a public


















































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