A society registered under the Societies Registration Act and formed for a religious purpose is a public trust within the meaning of section 2 (13) of the Bombay Public Trusts Act, 1950.

WAIKAR J.- This first appeal is filed by the unsuccessful applicant against dismissal of his application under section 72 of the Bombay Public Trusts Act, 1950 (called hereinafter the Act) by the Extra Assistant Judge, Amravati. It was prayed that the order passed by the Deputy Charity Commissioner confirming the order passed by the Assistant Charity Commissioner, Akola be set aside.

2. Briefly stated the facts are that the late Gulabrao Maharaj, who was blind from his birth and possessed certain occult powers, was regarded by Hindu public as a saint who propagated the religious teachings and philosophy of the Vedas. He had established in his life-time a Sampradaya of his own, which was called "Shri Dnyaneshwar Madhuradwait Sampradaya". He executed a will under which he dedicated all his self-acquired property for performing Puja of the foot prints (Padukas) of Shri Dnyaneshwar Maharaj and the image of Shrikrishna, which were the objects of his worship during his life-time and which also became the objects of worship of his followers after his death. The property which he thus dedicated for the religious worship and teachings of his Sampradaya was handed over by him to 9 persons who were the trustees-cum-executors of the said will. In the year 1953, the survivors of the trustees and the executors of the will and other disciples of late Gulabrao Maharaj formed a Society named "Shri Dnyaneshwar Maharaj Sampradayik Mandai" as a permanent arrangement for the due administration of the properties of the Sansthan. This Society so formed was registered under the Societies Registration Act on 5th March 1953. The Memorandum of Association of the Mandal and the rules and regulations regarded as "instrument" of the Trust governed the administration of the trust property at the bands of this Mandal.

3. The Assistant Charity Commissioner found that this Society registered under the Societies Registration Act was a public trust within the meaning of section 2 (13) of the Act. He negatived the contention that was put forth by the Mandal that it constituted a private trust established for the benefit of the followers of the Sampradaya, which was a limited and ascertained class and not for the benefit of all Hindu public in general.

4. The Deputy charity Commissioner in the appeal under section 70 of the Act, maintained the above finding, dismissing the appeal that was preferred, whereupon an application under section 12 of the Act came to be filed before the Extra Assistant Judge, Amravati, woo also dismissed the same and hence this first appeal.

5. The only point that arises for consideration in this appeal is whether the lower Court and the authorities concerned erred in holding that the Mandal was a public trust within the meaning of section 2 (13) of the Act.

6. It is not necessary for us to turn to the terms of the will of late Gulabrao Maharaj. The object and purpose of the Society, as mentioned in clause 2 of the Memorandum of Association alone needs reference for the purpose of the present enquiry. It appears that the object of the Society was to establish, run and subsidise religious and educational institutions with a view to advance the cause of religious, mental and moral education of the equal public in general according to the principles propounded in Sampradaya Surataru and of the followers of late Gulabrao Maharaj in particular. Sub-clause (c) of clause (2) of this Memorandum of Association of the Mandal stated that one of the objects of this Society was to print, edit and publish the various writings of Shri Gulabrao Maharaj and to take steps to propagate his teachings in the public for religious, moral and mental uplift of the people.

7. All these objects of the society clearly point out that this Society was formed primarily for religious teachings and worship, if not also for a charitable purpose. Thus there could be no doubt that this Mandal or Society was formed for religious purpose and was registered under the