Judgment

SUJATA V. MANOHAR

( 1 ) APPLICATION for substitution is allowed.

( 2 ) THE Charity Commissioner, Maharashtra State, Bombay filed a suit under Section 50 of the Bombay Public Trusts Act, 1950 in respect of a Public Trust known as Dargah of Sayad Ishak alias Shri Pair Mirawalisaheb situated at Mirawali Pahad, Kapurwadi, Taluka : Ahmednagar, District : Ahmednagar. The suit was for framing a proper scheme for the management of said Dargah and for the removal of the Mutawalli and the Mujawars of the said Dargah. The first defendant who is the appellant before us was the Mutawalli of the said Dargah holding a hereditary post for several generations. Defendants 2 to 7 and one Shaikh Hasan Shaikh (since deceased) were registered as the Mujawars of the said Dargah. The object of the Trust was to protect the said Dargah and the Musjid and to maintain worship at it. The properties of the Trust were described in Schedules a and b to the plaint. Properties in Schedule a were in the possession of defendant No. 1 while those in Schedule b were, at that time, in the possession of the Receiver who was joined as defendant No. 9.

( 3 ) THERE had been considerable litigation between the Mutawal