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GRUER
SITARAM PAMAJI AWACHAR – Appellant
Versus
HARI KANHUJI JAWALKAR – Respondent
Gruer, J—The present non-applicants made an application to the Court of the Additional District Judge, Khamgaon, purporting to be under Section 3(2) read with Section 10(3)(iii) and (iv), Central Provinces Religious and Charitable Trusts Act, 1937. Preliminary issues were framed whether the application was maintainable and whether it had been properly signed by the required number of panchas. The only Section under which the application could be brought is Section 12, which prescribes that any three persons having interest in a public trust, etc., may make to the Court a written report of mismanagement or maladministration, etc. This application has been made by two applicants only, but they say that they were authorized by the body of present panchas to take necessary steps against the previous panchas, which include Sitaram and Shankar, the present applicants. The lower Court has found that Section 10 of the Act is wide enough to include an inquiry into past administration and also that it cannot be said that the old panchas are yet out of office. This last contention is not in accordance with the application itself (para. 6) which says that the old body was replaced by a
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