S. H. SHETH, T. U. MEHTA, J.

( 1 ) THIS appeal is directed against the order made by the learned District Judge Navsari by which he has applied the doctrine of cypres to a public trust. The facts of the case briefly stated are as under.

( 2 ) IN Umbergaon in Bulsar District there is a public trust called Karulkar Family Dharmadaya Fund. It has been registered under the Bombay Public Trusts Act 1950 Sometime in 1900 this fund was created by one Karulkar and certain lands were set apart for the purpose of spending its income for supplying water to the poor during famine and for carrying on other charitable activities as may be decided from time to time by the majority of the adult male members of the Karulkar family. At the time when this application was filed in the District Court there was an accumulated income of about Rs. 53000. 00. The respondent No. 1 Sakharam Laxman Karulkar is the sole trustee of the trust. It appears that the Charity Commissioner on having noticed a large amount of pecuniary income which had remained unspent requested the trustee to discuss the matter with him in order that this accumulated income may be spent for appropriate charitable objects It appears tha

Click Here to Read the rest of this document