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2005 Supreme(Bom) 1631

R.S.MOHITE
Motilal Girdharilal Sharma – Appellant
Versus
Dattatray Bandu Jagtap – Respondent


( 1 ) BY this petition, the petitioners seek to quash and set aside a judgment and order passed by the Joint Chanty commissioner, Pune region, Pune on 10-5-1991 on an application being Application no. 41/1990 filed by respondent Nos. 1 and 2 under Section 36 (2) of the Bombay Public trusts Act, 1950 (hereinafter referred to as "the said Act" ). The petition further challenges another order dated 10-5-1991, passed by the joint Charity Commissioner, Pune region, pune on an application being Application no. 1 1/90 filed under Section 41 (E) of the said act, by which, for the reasons mentioned in the Judgment and order passed on Application no. 41/1991, the petitioner Nos. l to 3 were permanently restrained from dealing with the property in question.

( 2 ) A brief relevant facts of the case were as under :- (a) On 10-5-1956 one Mr. Wamanrao Laxmanrao Dahanukar gifted four plots of land bearing CTS Nos. 563, 564, 568 and 569 situated in Dahanukar colony at village-Kothrud, Dist.-Pune to "bharat Dalit sevasangh" which was the public trust registered under the provisions of the said Act. The gift was made by registered gift deed which was conditional in nature and the said deed contained


















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