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1955 Supreme(Bom) 78

R.S.BAVDEKAR, J.C.SHAH
Taraben Baldevdas Parikh – Appellant
Versus
Charity Commissioner, Greater Bombay Region – Respondent


Judgment -

1. The petitioner Taraben Baldevdas Parikh filed civil suit No. 63 of 1953 in the Court of the Civil Judge Junior Division at Kapadvanj, District Kaira, against Amratlal Lallubhai Ramlal Jagmohandas, Jayantilal Nanalal, Manilal Bapalal, Mohanlal Bapulal and Shantilal Maganlal for a declaration that she was the real owner of an amount of Rs. 20,000/-which were lying in deposit with Ramanlal Jagmohandas and Jayantilal Nanalal (whom I will hereafter refer to as respondents Nos. 3 and 4) and no one else had any right, title and interest in that amount. Respondents Nos. 3 and 4 were served with the summons of the suit. Thereafter they submitted an application under Section 19 of the Bombay Public Trusts Act, 1950 before the Deputy Charity Commissioner, Greater Bombay Region, for registration of trust alleged to have been created by one Bai Parsan in respect of the amount of Rs. 20,000/-lying in deposit with them, and also in respect of a further sum of Rs. 4,000/-. Respondents Nos. 3 and 4 also applied to the Deputy Charity Commissioner to make enquiries and to determine whether the said "amounts constituted a trust" and whether the trust was a public trust within the meaning




















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