JUDGMENT - TIPNIS V.P., J.:—This is an appeal by the Charity Commissioner, Maharashtra State, Bombay, against the judgment and order dated 17th February, 1989 passed by the learned Judge, City Civil Court, Bombay, in a suit filed by the present respondents as plaintiffs under section 50 of the Bombay Public Trusts Act, 1950 (hereinafter referred to as the 'Act').

2. The respondents as plaintiffs filed the aforesaid Short Cause suit No. 7436 of 1988 in the Bombay City Civil Court. The respondents averred that they are the trustees of Smt. Shantidevi Lalchand Chhaganlal Foundation Trust which came into existence under a deed of trust dated 28th April, 1979. The said trust is registered with the Charity Commissioner, Bombay, as a public trust. Subsequently, the trust acquired a landed property at Malbar Hill with regard to which a change report was filed with the Charity Commissioner and the same was accepted by him. Thereafter, the trust acquired another property at Chimpoli village, Borivli. A change report in respect of the same was also filed with the Charity Commissioner and during the pendency of the suit, the same had been accepted by the Charity Commissioner. Thus, the said pro

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