The court reinforced that only those defined as beneficiaries under the Maharashtra Public Trusts Act can invoke actions against the trustees, ruling out applicants without a vested interest.

JUDGMENT :

Rule. Mr.Kapadia, learned senior counsel for the respondent waives service. By consent of parties, writ petition is heard finally.

The matter is placed on board for final hearing.

2. By this petition filed under Article 227 of the Constitution of India, the petitioners (original opponents) have impugned order dated 7th April, 2018 passed by the learned Joint Charity Commissioner – II, Maharashtra State, Mumbai holding that the respondent (original applicant) is a person having interest in the trust to file an application under section 41-D of the Maharashtra Public Trusts Act, 1950 (for short the said MPT Act). Some of the relevant facts for the purpose of deciding this petition are as under :-

3. The petitioner no.1 is a trust registered under the provisions of the said MPT Act. The respondent is a lessee/tenant in respect of the entire ground floor of the building known as Gopaldas Barfiwala Trust Building situated at 37/39, 39/41, Vithalbhai Patel Road, Mumbai 400 004 admeasuring about 2800 sq.ft. It is the case of the respondent that as per letter dated 24th January, 1917, Shri Maganlal Himatram Barfiwala, a trust was created to open Khata (department) in the name of Madhavji Jesang, Amarsey Kanji and Maganlal Himatram Barfiwala Lohana in Balashram existing in Mumbai for up-bringing of little orphan kidling, managed by Shri Halai Lohana community. It was mentioned in the said Will that the management of the said Khata shall be carried on in such manner as the trustees of the said Shri Halai Lohana Mahajans community think proper. It was further provided that the said accounts thereof shall be published along with annual report of the said Balashram.

4. In the year 1949, the trustees of the said Shri Halai Lohana Mahajans filed a suit in this court bearing Suit No.1521 of 1949 against the then Advocate General of Bombay and others on 5th January, 1950. This court passed an order thereby directing the trustees of the said Shri Halai Lohana Mahajans to utilize the income of the said trust in giving milk to poor children of the community below 5 years, with preference to be given to orphans of the community, and if there was any surplus, the same shall be utilized in giving milk to the poor expectant mothers of the said Shri Halai Lohana Mahajans community, for medical help and clothing to poor children and poor expectant mothers community. The said trust was registered being Public Trust No.15 of 1951 by the Registrar of Small Causes Court Bombay on 9th February, 1951. The trust was subsequently registered in the present name i.e. Shri Maganlal Himmatram Barfiwala Charity Trust bearing no. A745 (BOM) under the provisions of the said Bombay Public Trust Act, 1950.

5. Since there was no provision in the Will to collect fund by donation to fulfill the objects of the Trust, the Deputy Charity Commissioner passed an order on 30th November, 1977 on the application dated 25th October, 1977 filed by the trustees before the said Deputy Charity Commissioner allowing the petitioner no.1 trust to collect donations funds etc. for meeting the objects of the Trust and further directed to show such income in the balance-sheet and annual accounts of the said trust.

6. Insofar as the respondent is concerned, it is the case of the respondent that he is a grandson of the said Late Sheth Maganlal Himatram Jivanram Barfiwala (maternal grandfather 'Nana') who was the settlor of the said trust. On or about 23rd October, 1974, the petitioner no.1 trust granted the property in shops on the ground floor of the said Barfiwala Building admeasuring 2800 sq.ft. on monthly payment of rent of Rs.539.40 paise plus Rs.1000/- as monthly royalty aggregating to Rs.1539.40 paise per month to the respondent with an option to renew the said lease for a further period of 25 years from 1999 on the same terms and conditions, provided the respondent gives notice in writing to the petitioner no.1 trust atleast one month before the expiry date of the said lease show