Case Note & Summary
The appeal arises out of a judgment and order dated 28.03.2016 passed by the learned District Judge-4, Nanded in Misc. RJE No.173 of 2011. The learned Judge dismissed the application filed under Section 72-1 of the Bombay Public Trusts Act, 1950. The appellant, Dr. Narayanrao Tawde, filed the application seeking appointment of new trustees for a public trust, alleging that the existing trustees (respondents) were incapable of acting due to their old age and lack of education. The appellant claimed that the trust was not being properly administered. The respondents opposed the application, denying the allegations. The District Judge held that the appellant failed to produce any evidence to show that the trustees were incapable of acting or that their appointment was necessary. The High Court, in appeal, upheld the dismissal, noting that mere old age or lack of education does not constitute incapacity under Section 72-1. The court observed that the appellant did not lead any evidence to prove that the trustees were unable to perform their duties. The appeal was dismissed with no order as to costs.
Headnote
A) Trust Law - Appointment of Trustees - Section 72-1 Bombay Public Trusts Act, 1950 - Incapacity of Trustees - The appellant sought appointment of new trustees alleging that existing trustees were incapable due to old age and lack of education. The court held that mere old age or lack of education does not constitute incapacity under Section 72-1 unless it is shown that the trustees are unable to perform their duties. The application was dismissed for lack of evidence. (Paras 1-10) B) Trust Law - Burden of Proof - Section 72-1 Bombay Public Trusts Act, 1950 - The burden lies on the applicant to prove that the existing trustees are incapable of acting. The court found that the appellant failed to produce any evidence to show that the trustees were incapable or that their removal was necessary for the trust's administration. (Paras 5-10)
Issue of Consideration
Whether the appellant made out a case for appointment of new trustees under Section 72-1 of the Bombay Public Trusts Act, 1950, by establishing that the existing trustees were incapable of acting or that their appointment was necessary for the administration of the trust.
Final Decision
The High Court dismissed the appeal, upholding the order of the District Judge. No order as to costs.
Law Points
- Appointment of trustees
- Bombay Public Trusts Act
- 1950
- Section 72-1
- Incapacity of trustees
- Evidence
- Charity Commissioner's powers
