The main legal point established in the judgment is the necessity of the settlement of the scheme for the better administration of the trust under Section 50a(1) of the Trusts act, 1950, and the affirmation of the authority of the appellant as the Managing Trustee and Mahant of the Trust.

JUDGMENT

N. J. Jamadar, J. - Since the genesis of these appeals under Section 72(4) of the Maharashtra Public Trusts act, 1950 (for short, 'the Trusts act, 1950'), as it stood before it came to be deleted by Maharashtra act No. 55 of 2017, is in the order passed by the learned assistant Charity Commissioner, Nashik on an application (application No. 06 of 2001), dated 21st april 2003, settling the scheme under Section 50a(1) of the Trusts act, 1950, both these appeals are taken up for hearing and final disposal by this common judgment.

2. Shorn of unnecessary details, the background facts leading to these appeals can be stated as under :

(a) 'Shri Katya Maruti (Lambe Hanuman)', is a religious public trust registered under the provisions of the Trusts act, 1950 vide registration No.a-438 (Nashik). It is situated at Survey No.296, Panchawati, Nashik. The trust owns property admeasuring 50 acres at adgaon. It was registered in the year 1954. Shri Shivkumardas Guru Suresh Ramdas, the appellant, had been acting as a trustee of the said trust in accordance with 'Guru Shishya Parampara'.

(b) Shri Surajbhan Nakiram agrawal and Shri Raoveer Tejsing Sharma preferred an application, bearing application No.4 of 1998, before the learned assistant Charity Commissioner, Nashik for settlement of a scheme under Section 50a(1) of the Trusts act, 1950. The learned assistant Charity Commissioner, by an order dated 29th July 2000, was persuaded to dispose of the said application, directing the appellant Shri Shivkumar - the opponent therein, to submit a scheme for the better management and administration of the trust within one month of the said order and, in default, it was further provided that the Charity Commissioner may proceed to hold sou motu inquiry.

(c) Shri Shivkumar, the appellant, didn't prefer an application for settlement of the scheme under Section 50a of the Trusts act, 1950, in terms of the aforesaid order. Instead, the appellant preferred an application, being Misc. application No.573 of 2000, for review of the aforesaid order dated 29th July 2000, passed in application No.4 of 1998. The learned assistant Charity Commissioner rejected Misc. application No.573 of 2000 by an order dated 24th april 2003.

(d) In the meanwhile, Shri Surajbhan N. agrawal - the respondent No.1 and Shri Vivek G. Rajhans - the respondent No.2 preferred an application for settlement of the scheme, being application No.6 of 2001 under Section 50a(1) of the Trusts act, 1950. The learned assistant Charity Commissioner was persuaded to hold that it was necessary to frame a scheme for better administration and management of the affairs of the trust. Since the appellant as well as the respondent Nos.1 and 2 had submitted the draft schemes, there was no qualm over the necessity of the settlement of the scheme. The learned assistant Charity Commissioner further held that having regard to the religious nature of the trust it was necessary to maintain the status and position of Shri Shivkumar, the appellant, and thus it was directed that Shri Shivkumar, the appellant, would be the Managing Trustee by chair as well as Mahant of the Trust.

(e) The learned assistant Charity Commissioner, appointed a first Board of Trustee comprising Shri Shivkumar, the appellant, and four other persons including the respondent No.1-Shri Surajbhan N. agrawal, the respondent No.2-Shri Vivek G. Rajhans, and respondent No.4 - Shri Vijay Maruti Raut. The term of the office of the trustees was fixed at five years. after completion of the first term, the learned assistant Charity Commissioner, Nashik directed that the next Board of Trustees shall be appointed by the remaining trustees with the consultation of the Managing Trustee Shri Shivkumar, the appellant. With these directions as regards the appointment of the Managing Trustee, the first Board of Trustees and the mode of succession, the learned assistant Charity Commissioner settled the scheme annexed as 'annexure-a' to the order, for the bette