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2005 Supreme(Bom) 1304

H.L.GOKHALE, R.S.DALVI
A. R. Khan Construwell and Co. – Appellant
Versus
Youth Education and Welfare Society – Respondent


Judgment

H. L. GOKHALE, J.

( 1 ) THESE three LPAs are concerned with an immovable property of the first Respondent bearing Survey No. 643-b corresponding to CTS No. 614-b or final Plot no. 127 and PTR No. F/1892 at Nasik admeasuring 40 gunthas which is a Charitable trust registered under the Bombay Public trusts Act, 1950 (for brevity the Act is referred to hereinafter or the BPT Act ). The first respondent Trust has obtained the said property upon transfer from a previous trust anjuman Khairul Islam to whom it was transferred by one Muslim Education Society, nashik which was granted the said property under a State Government Sanad dated 9th february, 1934. As per the terms of the Sanad a structure consisting of 12 rooms has been constructed. The property was required to be used as a hostel for muslim boys.

( 2 ) THE said Muslim Education society, Nashik was dissolved under a resolution passed on 29th July, 1973 under which its properties came to be transferred to one Anjuman C. Khairul Islam, Bombay with the consent of the then Charity Commissioner and this Trust later on transferred it to respondent No. 1 in July, 1989 as per the previous permission and consent of the then charity








































































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