# MUNICIPALITY OF TALODA v. THE CHARITY COMMISSIONER & ORS

- **Citation:** [1968] 1 S.C.R. 652
- **Court:** Supreme Court of India
- **Decided:** 1968
- **Case number:** Civil Appeal No. 72 of 1965
- **Bench:** J. C. Shah, J. M. Shelat
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/municipality-of-taloda-v-the-charity-commissioner-ors-4155
- **Pages:** 9

## Headnote

Bombay Public Trusts Act (Bom. 29 l·' !WiO) Ss. 2(13) 9 and 72Decision o Survey Officer-Scope of-Trust fur uP certain and fluctuating body of persons-Decision of Charity ,-.,mmissioner that
public trust was not for the sect for which apph.aiion made-Main·
tainabi!ity of application-Charity Commissioner, if has right to
appeal.
C
Bombay District Municipal Act (Bom. 6 of 1873) S. 17-Trust in
favour of a section of _genera! public-Acceptance by MunicipalitvRight of Municipality-Bombay District Municipal Act (Bom. 3 of
1901) s. 50 A-Decision of Survey Officer-Whether bars proceedings
under Bombay Public Trusts Act.
A property was conveyed to the respondent-Municipality by a
deed "for the purpose of Sarvajanik Kam (public purpose) as it has
D been utilised ,uptodate for shelter of Atit, Abhyaqat, Sadhu, Sant,
etc!'. It was also recited in the deed that in the property conveyed
there was "a Samadhi (grave) oti Nagabawa." The Municipality entered possession and made certain constructions which were used for
its offices and for shops. Thereafter, the Municipality sued for a decree for delivering possession of a part of the property against a Sadhu
who had unlawfully occupied it and the suit was decreed. Later, in
survey proceedings members of the Johari Panch claimed that they
E had entrusted their temple to the Municipality for administering it
for the community, but the compound belonged to them and that the
Municipality was merely a trustee thereof. The Secretary of the
Municipality admitted that in the property there existed a temple
of the Joharis and that the members of that community had the right
to vis\t the temple at fixed times but that they had no other right.
The Survey Officer declared the Municipality to be the owner of the
F property and not a trustee for the Johari Panch. Thereupon, an application under s. 19 of the Bombay Public Trusts Act was filed for a
declaration that the property was settled in favour of the Municipality for the benefit· of the Johari Panch and that the property be
registered as property of a public trust under the Act. The Charity
Commissioner declared that there was a public trust, that the Municipality was the trustee thereof, and that the property was transferred
•
in the Municipality for the benefit of members of the public interested
G in the Samadhi of Nagabawa; but.he held that there was no such
institution known as Johari Panch and that the property had not
been used for the benefit of that community. In appeal, the District
Court set aside the order of the Charity Commissioner. The Charity
Commissioner appe11led to the High Court, which reversed the order
of the District Court and restored the order of the Charity Commissioner. In appeal; this Court, .
B
Held: The appeal must fail.
(i) The property was entrusted to the Municipality. for providillll
shelter to sndh.us, saints and religious mendicants. the purpose was
religious and charitable within the meaning of S. 2 (13) of the
652
,
-
l
llIVNIC. OF TALODA V. CHARITY COMMR. (8/iah, J.)
653
Bombay Public Trusts Act. The trust was not limited to the build- A
ings standing on the land; but extended to the entire property,
Sadhus, religious mendicants and visitors to the Samadhi of
Nagabawa are a section of the public. They have a common bond
of veneration for the Samad/ti. The beneficiaries of the trust are an
uncertain and fluctuating bod;• of persons forming a considerable
section of the public and answering a particular description, and the
fact that they belong to a religious faith ur a sect of persons of a
certain relig·ious faith or a sect of persons of a certain religious B
persuasion does not make any difference in the matter. [660 A-CJ.
Mahant Ram Saroop Dasji v. S. P. Sahi [1959J Suppl. 2 S.C.R. 583
followed.
(ii) After the transfer of the property was accepted by the Municipality for the purpose mentioned in the deed it was not open to the
Municipality to divert the use of that property for its own purposes.
C
There is nothin

## Text

A
B
MUNICIPALITY OF TALODA
v.
THE CHARITY COMMISSIONER & ORS.
September 28. 1967
[J. C. SHAH AND J. M. SHELAT, JJ.]
Bombay Public Trusts Act (Bom. 29 l·' !WiO) Ss. 2(13) 9 and 72Decision o Survey Officer-Scope of-Trust fur uP certain and fluctuating body of persons-Decision of Charity ,-.,mmissioner that
public trust was not for the sect for which apph.aiion made-Main·
tainabi!ity of application-Charity Commissioner, if has right to
appeal.
C
Bombay District Municipal Act (Bom. 6 of 1873) S. 17-Trust in
favour of a section of _genera! public-Acceptance by MunicipalitvRight of Municipality-Bombay District Municipal Act (Bom. 3 of
1901) s. 50 A-Decision of Survey Officer-Whether bars proceedings
under Bombay Public Trusts Act.
A property was conveyed to the respondent-Municipality by a
deed "for the purpose of Sarvajanik Kam (public purpose) as it has
D been utilised ,uptodate for shelter of Atit, Abhyaqat, Sadhu, Sant,
etc!'. It was also recited in the deed that in the property conveyed
there was "a Samadhi (grave) oti Nagabawa." The Municipality entered possession and made certain constructions which were used for
its offices and for shops. Thereafter, the Municipality sued for a decree for delivering possession of a part of the property against a Sadhu
who had unlawfully occupied it and the suit was decreed. Later, in
survey proceedings members of the Johari Panch claimed that they
E had entrusted their temple to the Municipality for administering it
for the community, but the compound belonged to them and that the
Municipality was merely a trustee thereof. The Secretary of the
Municipality admitted that in the property there existed a temple
of the Joharis and that the members of that community had the right
to vis\t the temple at fixed times but that they had no other right.
The Survey Officer declared the Municipality to be the owner of the
F property and not a trustee for the Johari Panch. Thereupon, an application under s. 19 of the Bombay Public Trusts Act was filed for a
declaration that the property was settled in favour of the Municipality for the benefit· of the Johari Panch and that the property be
registered as property of a public trust under the Act. The Charity
Commissioner declared that there was a public trust, that the Municipality was the trustee thereof, and that the property was transferred
•
in the Municipality for the benefit of members of the public interested
G in the Samadhi of Nagabawa; but.he held that there was no such
institution known as Johari Panch and that the property had not
been used for the benefit of that community. In appeal, the District
Court set aside the order of the Charity Commissioner. The Charity
Commissioner appe11led to the High Court, which reversed the order
of the District Court and restored the order of the Charity Commissioner. In appeal; this Court, .
B
Held: The appeal must fail.
(i) The property was entrusted to the Municipality. for providillll
shelter to sndh.us, saints and religious mendicants. the purpose was
religious and charitable within the meaning of S. 2 (13) of the
652
,
-
l
llIVNIC. OF TALODA V. CHARITY COMMR. (8/iah, J.)
653
Bombay Public Trusts Act. The trust was not limited to the build- A
ings standing on the land; but extended to the entire property,
Sadhus, religious mendicants and visitors to the Samadhi of
Nagabawa are a section of the public. They have a common bond
of veneration for the Samad/ti. The beneficiaries of the trust are an
uncertain and fluctuating bod;• of persons forming a considerable
section of the public and answering a particular description, and the
fact that they belong to a religious faith ur a sect of persons of a
certain relig·ious faith or a sect of persons of a certain religious B
persuasion does not make any difference in the matter. [660 A-CJ.
Mahant Ram Saroop Dasji v. S. P. Sahi [1959J Suppl. 2 S.C.R. 583
followed.
(ii) After the transfer of the property was accepted by the Municipality for the purpose mentioned in the deed it was not open to the
Municipality to divert the use of that property for its own purposes.
C
There is nothing in Act 6 of 1873 or in the general law which prevents a Municipality from accepting a trust in favour of a section of
the general public in respect of property transferred to it. Nor does the
Act authorise a Municipality, after accepting a trust, to utilise it for
its o .. •n purpose-in breach of the trust. [657 B-C; 658 CJ.
(iii) The contention, that once it was found that the property was
not for the benefit of J ohari Panches. the application should· have D
been dismissed, had no force. The proceedings were commenced under
s. 19 of the Bombay Public Trusts Act, and it was open to the Charity
Commissioner to determine whether a public trust existed, and if the
Charity Commissioner \vas satisfied that there existed a public trust,
whatever may be the claim made by the applicants, the Charity Commissioner was bound to declare the existence of the public trust and
register it. Under s.19 an enquiry may be started by the Deputy or
Assistant Charity Commissioner on an application made under s.18 E
or on an application made by any person having interest in a public
trust or on his own motion. [660 G. HJ.
(iv) The Sadhu who had unlawfully possessed himself of a part
of the property in dispute was not sued in a representative capacity
on behalf of the beneficiaries of the trust; he was sued as a trespasser.
Therefore, the judgment did not operate as res judicata, and the
Charity Con1n1issioncr \Vas not prevented fro1n determining in an
F
appropriate proceed'ng whether the property was the property of a
public trust of a religious or charitable. nature. [658 F].
(v) The argument, that the decision of the Survey Officer
operates by virtue of s. 50-A of the Bombay District Municipal Act'.
1901 to destroy the rights of the public, is without substance. By
sub-s. (2) of s. 50A, if the Collector had passed an order, a suit in a
civil court shall be dismissed if the suit was brought to set aside the G
order of the Collector or if -the relief claimed was inconsistent with
such order. In the present case, 1he property was entered in the Survey recv;d as_ that of the Municipality, But the legal ownership of
the Mumc1pahty was not challenged in the proceedings before the
Charity Comm1ss10ncr. The proceeding under s. 19 of the Bom1>:1,v
Public Trusts Act was for a declaration that the propertv was the
property of a public trust and therefore was not a suit to set aside
the order of the Collector. nor was it a suit in which the relief B
claimed was inconsistent with the order of the Survey Officer
r 658 G-659 B].
(vi) A person interested as the Oharity Commissioner is in the
due administration of property, cannot be denied a right to appeal
SUPRBJIB COURT REPORTS
(1968) l 8.C.B.
A against an adverse decision in a proceeding to which he is a party,
on the ground that he is pleading for acceptance of the view which
he had declared as a quasi-judicial authority at an earlier stage of
that proceeding. [661 E-F].
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 72 of 1965.
B
Appeal by special leave from the judgment and decree dated
August 26, 1962 of the Bombay High Court in Appeal No. 250 of
1959 from Original Decree.
S. G. Patwardhan, R. R. Jhagirdar, V. G. Mudholkar and
A. G. Ratnaparkhi, for the appellant.
C
R. H. Dhebar, S. S. Javali and S. P. Nayar, for respondent
No. I.
S. S. Shukla, for respondents Nos. 2(ii)-(vl.
The Judgment of the Court was delivered by
Shah, J.-One Sambhusing applied under s. 19 of the Bombay Public Trusts Act 29 of 1950 for a declaration that City SurD vey Nos. 371 to 379 of Taloda were settled by one Dagadu Khushal
in favour of the Municipality in 1883 for the benefit of the Johari
Panch and for an order that the property be registered as property of a public trust under the Act. The Assist~nt Charity Commissioner who heard the petition by his order dated January 20,
1956, held that "there was no such institution known as Johari
E Panch", and that the property in disp)lte had not been used for
the benefit of that community, but Dagadu Khushal had transferred the property to the Municipality for the benefit of members
of the public interested in the Samadhi of Nagabawa. The Assistant Charity Commissioner declared that there was a public trust
and City Survey Nos. 371 to 379 of Taloda Municipality were the
property of the Trust and that the Municipality held it as trustee
F of that trust That order was confirmed in appeal by the Charity
Commissioner. In appeal, the District Court set aside the order
of the Charity Commissioner and held that by the deed of t~ans
fer executed by Dagadu Khushal no trust was created, that in
any event the trust was not a public trust and that the property
in City Survey Nos. 371 to 379 was not the property of any such
G trust. In appeal under s. 72(4) of the Act, the High Court of Bombay reversed the order passed by the District Court and restored
the order passed by the Charity Commissioner. The Municipality
of Taloda has filed this petition with special leave.
A short history of the property may first be set out. Land
JI
which now bears City Survey N<l'l. 371 to 379 originally be·
B longed to one Charandas who erected a 'Dharamshdla' thereon.
On May 24, 1878, Charandas sold the land and the Dharamshala
to Dagadu Khushal purporting to transfer the property absolutely
to the vendee. On August 27, 1883, Dagadu Khushal executed a
deed in favour of the Municipality of Taloda. the relevant clause
MUNIC OF TALOllA V, UllAIU1'Y COMMH, (f:!!ta/1, J,)
6li5of the deed (as translated in the judgment of the High Court)
reads as follows :
"Having released all my rights, interest am! title in
the property mentioned in the boundaries above, I am
handing over to-day all that property in the possession of
the Municipality for the purpose of sarwijanik kam
(public purpose) as it has been utilised uμto date for
shelter of Atit, Abhyagat, Sadhu, Sant etc. to be used in
the same way as it has been used uptill now."
It was recited in the deed that in the property conveyed "there
is a samadhi (grave) of Nagabawa''. The Municipality, pursuant
B
to the deed, entered into the possession of the property. It appears
that thereafter the Municipality made certain constructions which
C
were used for its offices and for shops.
On September 21, 1936, the Municipality of Taloda filed a
suit against one Baba Haridas Guru Shamdas Udasi for a declara·
tion that the defendant had no right or interest over the land
City Survey Nos. 371 to 379 and that the defendant had taken D
unlawful possession thereof and for an order that the obstruction
raised by the defendant be removed, and possession of the land
be awarded to the Municipality. In this suit it was claimed by the
Municipality that it was in possession of the land for more than
, sixty years and the property was "utilised for municipal purposes
and was enjoyed in all ways for necessary municipal requirements",
but the defendant had made unauthorised construction thereon.
1!1
Baba Haridas contended that the Municipality had no right to
utilise the property for municipal purposes since it was transferred
in trust for the residence of "sages, saints, guests. visitors and Others
of the Nanak Sect", and the defendant being "a sage or saint of
the Nanak Sect" had been residing in the property and was en·
titled to do so. This suit was decreed by the Subordinate Judge.
F
In 1950 survey proceedings were started in the town of
Taloda and an enquiry regarding the title to the land was made.
The Secretary of the Municipality admitted before the City Survey
Officer that in Survey No. 379 there existed "a temple of the
Johari men and the members of that community had the right to
visit the temple at fixed times but they had no other right". MemG
bers of the Johari Panch claimed that they had entrusted their
temple to the Municipality for administering it for the community,
but the "compound" belonged to them ind that the Municipality
was merely a trustee thereof. The City Survey Officer declared the
Municipality to be the owner of the property in question and
further declared that the Municipality was not a trustee for the
Johari Panch. Sambhusing then submitted the application out of B
which this appeal has arisen.
~e ~Ugh Court has held that the Municipality held at all
matenal times the property as a trustee of a public trust. This
600
SUPBEll~~COURT REPoR'.1'9
[1968] 1 s.c.11.
A finding is challenged before us by the Municipality.
The first
question which falls to be considered is whether the Municipality
holds the property or any part thereof as a trustee. Dagadu Khushal
claiming to be the owner of the property by purchase from
Charandas transferred it to the Municipality for public purpose
i.e. to be utilised for giving shelter to "Sadhus, saints and religious
B mendicants" in the same manner in which it had been utilised
upto the date of transfer. We will assume that Dagadu Khushal
could have, when he was the owner, stopped the user of the property for the benefit of "Sad/ms, saints and religious mendicants".
But after the transfer of the property was accepted by the Municipality for the purposes mentioned in the deed, it was not open to
the Municipality to divert the use of that property for its own
C purposes. Counsel for the Municipality urged that the Municipality is in a sense a trustee for the residents of the town of Taloda
in respect of all the property vested in it by operation of the Act
constituting it, anp upon that trust another trust which restricts
. the use of the property for the benefit of a limited class of persons
cannot be super-imposed. The Municipality was governed by '\ct
D VI of 1873 at the date of the settlement. Section 17 of that Act
prov:cled:
E
F
G
B
"All property of the nature hereinafter specified
shall be vested in and belong to the Municipality, and
shall, together with all other property, of what nature or
kind soever, which may become vested in the. Municipality, be under their direction, management, and control,
and shall be held and applied by them as trustees for the
purposes of this Act; that is to say: -
(a) All public town walls gates. markets, slaugliterhouses, manure and nightsoil depots and public
buildings of every description not specially reserved
by Government.
(b) All public streams, tanks, reservoirs, cisterns, wells,
springs aqueducts. conduits, tunnels, pipes, pumps,
and other water-works, and all bridges buildings,
engines, works, materials, and things connected
therewith or appertaining thereto, and also any
adjacent land (not being private property) appertaining to any public tank or well.
(c) All public sewers and drains, and all sewers, drains,
tunnels, culverts, gutlers and watercourses in, alongside, or under any street, and all works materials
and things appertaining thereto, as also all dust,
dirt. dung, ashes, refuse, animal matter or filth, or
rubbish o~ any kind collected by the Municipality
from the streets, houses, privies, sewers, cess-pools,
or elsewhere.
.
'
ltu!hc. OF TALOD! ~.)tlAR!'l'Y COl4MR. (Sl1a11, J.)
657
Id) All public lamps, lamp posts, and apparatus conA
nected therewith, or appertaining thereto.
(e) AU land transferred to them by Government, or by
gift, or otherwise for local public purposes.
(f) All public streets, and spaces, and the pavements,
stones, and other materials thereof, and also an
B
trees, erections, materi11ls, implements, a•nd things
provided for such streets and spaces."
Property belonging to a Municipality governed by the Act must
undoubtedly be held under its direction, management and control
and must be applied by it as a trustee, subject to the provisions
and for the purposes of the Act. But there is nothing in the Act or c
in the general law which prevents a Municipality from accepting a
trust in favour of a section of the general public in respect of property transferred to it, or authorises the Municipality after accept·
ing a trust to utilise it for its own purposes in breach of the trust.
It was then urged by counsel for the Municipality that by the
decree passed in the suit filed against Baba Haridas, the right of the D
members of the Johari community to the property in dispute was
negatived and the same right cannot, because of the rule of res
judicata. be re·agitated in these proceedings. In that argument, in
our judgment, there is no substance. The only dispute in suit No.
SH) of 1936 of the Court of the Second Class Sub-Judge Nandurbar,
was about the right of the Municipality to call upon Baba Haridas
to vacate and deliver possession of the property which was in his B
occupation. It is true that the defendant Baba Haridas had contended that the property was the property reserved for "Sadhus, saints
and religious mendicants" and he .as a Sadhu was entitled to reside
therein. But Baba Haridas was not sued in a representative capacity on behalf of the beneficiaries of the trust created in 1883; he
was used as a trespasser. The judgment of the civil court does not 1
operate to prevent the Assistant Charity Commi~oner from deter·
mining in an appropriate proceeding whether the property was the
property of a public trust of a religious or charitable nature.
The argument of counsel for the Municipality that the decision
of the City Survey Officer operates, by virtue of s.50.A of the Bombay District Municipal Act, 1901, to destroy the rights of the public, G
is
also without substance. Sub-section (I) of s. SO.A of
the Bombay District Municipal Act, 1901, authorises the City Survey Officer, in proceedings for survey of lands (other than land used
for agriculture) in a Municipal District to determine the claim
between the Municipality and other persons after formal enquiry
of which due notice has been given. By sub-s. (2) any suit instituted
in any civil court after the expiration of one year from the date of
any order passed by the Collector, fJf if an appeal has been made B
against such order within the period of limitation, shall be dismiss.
Cid· if the suit is brought to set aside such order, or if the relief
SUl'llSllA COURT lllll'OBTS
[1968] 1 8.0JI.
A claimed is inconsistent with such order, provided that the plaintiff
has had due notice of such order. The property undoubtedly is
entered in the City Survey record as private property of the Taloda
Municipality. But the legal ownership of the Municipality is not
challenged in the proceedings before ·the Assistant· Charity Commissioner. It is merely contended in this proceeding under s. 19
B of the Bombay Public Trusts Act that the property is held by the
Municipality subject to a public trust. The proceeding under s. 19
of the Bombay Public Trusts Act for a declaration that the property is the property of a public trust is not a suit to set aside the
order of the Collector, nor is it a suit in which the relief claimed·
is inconsistent with the order of the City Survey Officer.
0
The learned Assistant Judge held that the beneficiaries refer1
red in Ext. 14 as "Sadhus, saints and religious mendicants" do not
fOCUI the public or a section thereof, and on that account also the
use of the property by them was not· an object of general public
utility. The bounty of the settler, observed the learned Judge, must
be directed towards the public as a whole or a section of the public:
if the object of his bounty is neither the public nor a section of
D the public, "but merely a conglomeration of men who constitute
a mere group and the nexus which ties them is not a nexus which
constitutes them a section of the public, the trust is not for advancement of any object of general public utility". We are unable
to agree with that view. Section 9 of the Bombay Public T1usts
•
,
B
Act provides :
"For the purposes of this Act, a charitable purpose include&-
(!) relief of poverty or distress,
(2) education,
(3) medical relief, and
(4) the advancement of any other object of general public
utility,
but does not include a purpose which relates-
(a) exclusively to sports, or
(b) exclusively to religious teaching or worship."
Section 10 of the Act provides :
"Notwithstanding any law, custom or usage, a public trust shall not be void, only on the ground that the
persons or objects for t~e benefit of wh~m or which it
1s- created are unascertamed or unascertamable.
Explanation-
"
The expression "public trust" is defined in s. 2(13) as meaning an
express or constructive trust for either a public, religious or charitable purpose, or both and includes a temple, a math, a wakf, a
dharmada or any other religious or charitable purpose or for both
,_
and registered under iii~ Sodeiies Registration Act, 1860. A trust A
for either a religious or charitable purpose or for both by the
express words of the definitidn is a public trust. We are unable
to agree with the learned Assistant Judge that Sad/ms, religious
mendicants and visitors to the sm1u1dhi of Nagabawa are not a
section of the public. They have a common bond of veneration
for the samaclhi. The beneficiaries of the trust arc an uncertain B
and fluctuating body of persons forming a considerable section
of the public and answering a particuhlr description, and the fact
that they belong to a religious faith or a sect of persons of a certain religious persuasion does not make any difference fo. the
matter: Mahant Rum Saroop Dasji v. S. P. Sahi('). The property
is entrusted to the Municipality for providing shelter to "sad/ms,
saints and religious mendicants". the purpose, in our judgment, is
C
religious and charitable within the meaning of s. 2(13), of the Act.
The pica that Dagadu Khushal had entrusted the property to
the Municipality only for maintaining a Dh({ramshala for the benefit
of persons visiting the samaclhi of Guru Nagabawa and the trust
was limited only to the building of the Dlwrmm/111/11 has also no
force. The terms of Ext. 14 arc clear·. The trust was not limited D
to the b1tildings standing on the land. it extended to the entke
property.
Two proced urul objections which were raised· by counsel for
the Municipality remain to be considered. It was urged that since
Sambhusing applied for a declaration that the purpose of the
trust was to give shelter to .mclh11.1. saints and religious mendicants E
during their sojourn in Taloda and to maintain and look after
Nagabawa's •amcuihi. and for an order that all the lands adjoining
the .m11111c//1i of Nag11b11wa i.<'. the Dluwamsltale1. the whole building
in which there was the Municipal office, m~1y be given into the possession of the Johari Pcmchas. it was not ·open .to the Assistant
Charity Cl'mmissioner to
g.ivc a linding that there existed a F
publk trust for the bcnclil of persons interested in the .wu11culhi.
It was contended that once it was found thwt the property was
not for the ~n~fit of .t_hyJohari Panchas, the application should
have been d1sm1ssed. We ure unable to a2ree wnh that contention. The pwcecdings were commenc•'ti under s. 19 of the Bombay
Public Trusts Act. mid it wa~ open to the A~sistant Charity ComG
missioner to determine whether a public trust existed. and if the
Assistant Charity Commissioner was si1tisficd that there existed
a public trust. whatcwr may be the claim made by the applicants.
the Assistant Charity Commissioner was bound to declare the
existence of the public trust and register it. Under s. 19 of the
Bombay Public Trusts Act an inquiry may be started by the
Deputy or As~istant Charity Commissioner either on an applicaB
lion made under s. 18 or on an application made by any rerson
( ') [1959] Suppl.
(') S.C.R. 583.
J,;l'(l!)7Af'J
~l
660
SlJPllJl>lE CUU!l1' Rlli'Ul\'fS
[1968} 1 S.C.11.,
A having . interest in a public trust or on his own motion. The proceedings before the Assistant Charity Commissioner was not a
proceeding inter partes, and Sambhusing was not claiming any per6onal relief, He was entitled to. set in motion an enquiry into the
nature of the trust as a person claiming !o be interested in the
public trust. If the Assistant Charity Commissioner found that a
B public trust existed, he could make an appropriate declaration
and consequential orders consistent with his findings.
It was finally urged that against the finding of the District
Court that there was no public trust, and if there was a public
trust the beneficiaries were not the members of the public, the
Charity Commissioner could not appeal to the High Court, for, it
c was said, the Charity Commissioner is constltuted by the Act a
judicial authority. and he cannot take up in the proceeding a contentious attitude. We are unable to accept that contention also. The
powers of the Charity Ccmmissioner under the Act are found in
s. 3. That Officer is directed to exercise such powers and perform
such duties and functions as are conferred by or under the provisions of the Act; and shall, subject to such general or special orders
D as the State Government may pass, superintend the administration
and carry out the.provisions of the Act throughout the state. If an
ldverse decision is arrived at by the Court under s. 72 and if he is
denied the right to appeal lo the High Court, it would be difficult for' him. if he is of the view that the property is the property
of the public trust and if the District Court rules otherwise, to
E carry out the provisions of the Act. The Charity Commissioner
was made a party to the appeal, and he was C!Jtitled to suppcrt his
order before the District Court. A person interested, as the Charity
Commissioner is in the due administration of property, cannot be
denied a right to appeal against an adverse decision in a proceeding to which he is a party, on the ground that he is pleading for
r acceptance of the view which he had declared as a quasi-judicial
authority at an earlier stage of that proceeding.
l'he appeal fails and is dismissed with costs in favour of the
Charity Commissioner.
Y.P.
Appeal dismissed.