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G.K.MITTER, V.RAMASWAMI, J.C.SHAH
Gopal Krishnaji Ketkar – Appellant
Versus
Mohamed Haji Latif – Respondent
The case involves the following facts:
The appellant made an application to the Deputy Charity Commissioner for the registration of the Peer Haji Malang Dargah as a public trust, asserting that the Dargah was not necessarily a public trust subject to the relevant Act. The Deputy Charity Commissioner, however, declared that the Dargah was a public trust and ordered its registration, including a specific property, Survey No. 134 of village Wadi, as part of the trust's assets. The Deputy also directed that a scheme be framed and trustees be appointed, and the appellant appealed this decision to the Charity Commissioner.
Subsequently, the appellant challenged the ownership of the land and his status as a trustee, claiming that Survey No. 134 did not belong to the trust and that he was a hereditary trustee, not merely a de facto manager. The case moved through various courts, with findings that the Dargah was a public trust and that the management had been in the appellant’s family for generations.
A significant issue was whether the land in Survey No. 134 was owned by the Dargah or by the appellant. The records and historical entries regarding the land were examined, revealing that the land was considered Khalsa land and that the appellant’s family did not appear in the earliest land records, indicating a lack of clear title in the appellant’s name. The appellant admitted to enjoying income from the land but failed to produce accounts or documents to substantiate ownership or income management.
The courts also considered whether the appellant was in possession of relevant evidence, including accounts and records, and whether withholding such evidence affected the case. The courts ultimately concluded that the land belonged to the Dargah, and the appellant was not the owner of Survey No. 134, but rather a hereditary trustee managing the trust. The appeal was dismissed, affirming that the property was indeed part of the public trust.
Judgement
RAMASWAMI, J. : This appeal is brought, by certificate from the judgment of the Bombay High Court dated March 8, l963 in First Appeals Nos. 338 of 1960 and 422 of 1960.
2. On or about April 15, 1952 the appellant made an application to the Deputy Charity Commissioner, Greater Bombay Region under Section 18 of the Bombay Public Trusts Act (Bombay Act XXIX of 1950), hereinafter referred to as the Act for registration of the Peer Haji Malang Dargah near Kalyan in the Thana District (hereinafter referred to as the Dargah ) without prejudice to his contention that the Dargah was not a public trust to which the Act was applicable. On August 3, 1953 the Deputy Charity Commissioner made an order declaring that the Dargah was a public trust and directed its registration as such. The Deputy Charity Commissioner further held that among the properties of the Dargah was the land bearing Survey No. 134 of village Wadi on a portion of which the Dargah is located. The Deputy Charity Commissioner also directed that the appropriate court might be moved for framing a scheme and appointing Trustees. The appellant preferred an appeal to the Charity Commissioner Bombay under Section 70 of the
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