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1971 Supreme(Bom) 11

D.G.GATNE
JANKIBAI PRAHLAORAI BRIJLAL SEKSARIA – Appellant
Versus
KASHINATH RAGHUNATH KELKAR – Respondent


JUDGMENT-This civil revision application has been directed against the judgment and order passed by the learned Judge of the City Civil Court at Bombay on February 16, 1970, in Suit No. 1362 of 1960 on his file.

2. The suit in question was filed by two plaintiffs, who happen to be the trustees of the Bhagoji Balooji Keer Public Religious and Charitable Trust. This Trust was created under a deed of trust made by Bhagoji Balooji Keer on May 15, 1930. This Trust has been duly registered under the provisions of the Bombay Public Trusts Act, 1950. The properties included in this Trust admittedly include the property bearing Cadastral City Survey No. 657 situate at Mahim. Shortly after this Trust was made-in fact within seven days thereafter Bhagoji Keer acquired another property bearing Cadastral City Survey No. 656. This property is adjacent to the property bearing Cadastral City Survey No. 657 and some structures have been constructed thereon. One of them is "Dnyan Mandir" now known as Shree Cinema. It appears that this structure has been constructed on 922 sq. yds. out of City Survey No. 657 and partly on a portion of Cadastral City Survey No. 656.

3. Under the deed of trust, Bhagoji


















































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