A public charitable trust's ownership is established through valid trusteeship and continued possession, overridden by attempts to establish adverse claims by third parties without conclusive evidence of ownership.

JUDGMENT :

1. The present Judgment shall dispose of Suit No. 236 of 2014 filed before this Court (‘the High Court Suit’), as well as S.C. Suit No.2546 of 2011 which was originally filed before the Bombay City Civil Court at Bombay (‘the City Civil Court Suit’). The Plaintiffs in the High Court Suit had filed Notice of Motion No. 428 of 2014 seeking interim reliefs during the pendency of the High Court Suit. During the hearing of that Notice of Motion, both sides had consented to both the High Court Suit and the City Civil Court Suit being tried and heard together. Accordingly, by my order dated 15th April 2014 passed in Notice of Motion No. 428 of 2014 in the High Court Suit, the Office of this Court was directed to call for the record and proceedings in the City Civil Court Suit to this Court. Pursuant thereto, the record and proceedings in the City Civil Court Suit was transferred to this Court, and both Suits have thereafter been tried and heard together.

2. The Plaintiffs in the High Court Suit are the Trustees of the Banaji Limji Agiary Trust (‘the Trust’), which is a public charitable trust registered under the provisions of the Maharashtra Public Trusts Act, 1950 . The Defendant in the High Court Suit is Ms. Bakhtawar Maneksha Jijina. Ms. Jijina is the Plaintiff in the City Civil Court Suit. Plaintiff Nos. 1 and 2 in the High Court Suit have been arrayed as Defendant Nos. 1A and 2A in the City Civil Court Suit. For the sake of convenience, the parties shall hereinafter be referred to as they have been arrayed in the High Court Suit, i.e. the Trustees of the Trust shall be referred to as the Plaintiffs, and Ms. Bakhtawar Maneksha Jijina shall be referred to as the Defendant, irrespective of whether they are being referred to in the context of the High Court Suit or the City Civil Court Suit.

3. The case of the Plaintiffs in the High Court Suit is briefly set out as follows :

3.1 The Plaintiffs are the present Trustees of the Banaji Limji Agiary Trust (‘the Trust’). The Trust is a public charitable trust registered under registration no. C–418/B with the office of the Charity Commissioner, under the provisions of the Maharashtra Public Trusts Act, 1950 .

3.2 In the year 1709, the Banaji family of Mumbai established a Parsi Fire Temple called the Banaji Limji Agiary (‘the Agiary’) at Banaji Street, Fort, Mumbai 400 001. A chawl was built adjacent to the Agiary.

3.3 In the year 1843, the Agiary and chawl were found to be in a dilapidated condition and were pulled down and restored by members of the Banaji Family. A sum of Rs.23,000/- was raised by the members of the Banaji Family for restoration and endowment of the Agiary. After the work of restoration of the Agiary was completed, a sum of Rs.11,034/- remained out of the aforesaid funds raised for restoration of the Agiary. The members of the Banaji Family decided to form a trust and to place the immovable properties and funds in its care.

3.4 On 13th February 1855, a meeting was convened amongst the members of the Banaji Family and the following persons were appointed as Trustees in respect of the movable and immovable properties and the funds, viz., Dadabhoy Rustomjee Banaji, Sorabjee Pestonjee Banaji, Limji Maneckjee Banajee, Dhunjibhoy Framjee and Hormusji Ruttonjee Banaji. Thereafter these persons took charge of the Agiary, chawl and surplus monies mentioned above. Dhunjibhoy Framjee resigned as a Trustee in the year 1864. Hormusji Ruttonjee Banaji died on 26th December 1865. Pestonjee Burjorjee Davur and Nanabhoy Dhunjeebhoy Banajee were appointed as Trustees in their place and stead respectively.

3.5 By a Consent Decree dated 18th January 1877 passed by the Bombay High Court in Suit No. 525 of 1876, the Trustees were to meet within three months and execute a Trust Deed by which the Agiary and other immovable and movable properties could be forma