Dr. D.Y. Chandrachud, J.

These appeals arise from a decision of a Learned Single Judge dated 5 March 2012 on an Originating Summons filed under Rule 238 of the Rules framed by this Court for the Original Side.

2. The Plaintiff, Charu K.Mehta, is a permanent trustee for life time of the First Defendant which is a public trust by the name of Lilavati Kirtilal Mehta Medical Trust. By an Indenture of Trust dated 5 July 1978, the Settlor, Kirtilal Manilal Mehta, established a Trust inter alia to afford medical relief and for the spread of medical science, including by the establishment, maintenance and support of hospitals. Under the Deed of Trust, the Plaintiff and the Second and Third Defendants were named as permanent trustees for life. The Plaintiff is the wife of the Second Defendant. The Second Defendant is one of the sons of the Settlor. The Third Defendant is the daughter of the Settlor.

3. The Second Defendant filed an application on 6 July 1978 before the Charity Commissioner for the registration of the Trust under Section 18 of the Bombay Public Trusts Act, 1950. The Assistant Charity Commissioner conducted an enquiry under Section 19 and directed the registration