1. This Appeal under Section 72 (4) of the Bombay Public Trusts Act, 1950 (now Maharashtra Act instead of Bombay Act) is arising from the Judgment and order dated 10.08.2009 passed by the District Judge, Nagpur rejecting Change Report and Regular Civil Appeal No. 5 of 2009.

2. Heard the submissions at the bar.

3. This second appeal was admitted on 15.06.2012 by this Court on the following substantial questions of law:-

(i) Could the finding recorded by the Joint charity Commissioner and then confirmed by the District Judge upholding disqualification of the Members admitted to the Trust as was held by the Assistant Charity Commissioner is the result of the misinterpretation of clause (6) of the scheme of the Trust and thus, the finding of the Courts below is wholly unwarranted and unsustainable in law?

(ii) Whether the learned District Judge and Learned Joint commissioner were right in upholding the finding that the members of the Trust were rightly disqualified when the opportunity of hearing was not given and thus, the decision of the Courts below impugned are bad in law?

My answer for question nos. (i) and (ii) is that for non-compliance of the principle of natural justice, th