Gujarat High Court Dismisses Appeal of Legal Heir in Trust Property Dispute. Claim of Ownership and Adverse Possession Fails as Land Registered as Trust Property Under Gujarat Public Charitable Trust Act, 1950.

High Court: Gujarat High Court

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2026-05-19 04:18:26

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Case Note & Summary

The appellant, Niteshbhai Bhanjibhai Khetiya, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908 read with Section 72(4) of the Gujarat Public Charitable Trust Act, 1950, challenging the order of the learned 2nd Additional District Judge, Devbhumi Dwarka at Khambhalia dated 04.10.2024 in Regular Civil Appeal No.24 of 2023. The lower appellate court had dismissed the appellant's application under Section 72 of the Gujarat Public Charitable Trust Act, which sought to challenge the registration of the disputed land (survey no.8 and 30 of village Sodha Targhadi) as property of the Thakar Temple Trust. The appellant claimed to be the legal heir of late Bhanji Makanji Khetiya, whose father Makanji Gopalji owned the land since 1953. The Joint Charity Commissioner, Jamnagar had granted registration of the Trust and declared the land as owned by the Trust on an application by respondent no.2 and other villagers. The appellant's revision application (Revision Application No.1/2021) was dismissed, and the subsequent appeal under Section 72(2) was also dismissed by the civil court. The High Court considered the factual matrix and the submissions of the appellant's counsel. The court noted that the appellant failed to produce any documentary evidence to prove his ownership or that the land was not trust property. The revenue records showed the land as belonging to the temple through Makanji Gopalji. The court held that the appellant's claim of adverse possession was not substantiated. The High Court found no error in the lower appellate court's order and dismissed the appeal, upholding the dismissal of the appellant's application.

Headnote

A) Trust Law - Registration of Trust Property - Section 72 Gujarat Public Charitable Trust Act, 1950 - Appeal against order of Charity Commissioner - The appellant, claiming as legal heir, challenged the registration of land as trust property. The court held that the appellant failed to prove ownership or adverse possession, and the civil court correctly dismissed the appeal for lack of evidence. (Paras 1-10)

B) Civil Procedure - Appeal under Section 96 CPC - Maintainability - The appeal under Section 96 CPC read with Section 72(4) of the Gujarat Public Charitable Trust Act was dismissed as the lower appellate court's order was based on proper appreciation of evidence and law. (Paras 1-15)

Issue of Consideration

Whether the appellant, claiming to be the legal heir of the original owner, can challenge the registration of the disputed land as trust property under the Gujarat Public Charitable Trust Act, 1950, and whether the civil court had jurisdiction to entertain the appeal.

Final Decision

The High Court dismissed the appeal, upholding the order of the lower appellate court dated 04.10.2024, which had dismissed the appellant's application under Section 72 of the Gujarat Public Charitable Trust Act, 1950.

Law Points

Section 72 Gujarat Public Charitable Trust Act
1950
Section 96 CPC
Burden of proof
Adverse possession
Trust property registration

Case Details

2026:GUJHC:7155

R/First Appeal No. 222 of 2025

2026-01-30

M. K. Thakker

2026:GUJHC:7155

Pratik K Chaudhary

Niteshbhai Bhanjibhai Khetiya

Joint Charity Commissioner Rajkot & Anr.

Nature of Litigation

First appeal against dismissal of application under Section 72 of Gujarat Public Charitable Trust Act, 1950 challenging registration of land as trust property.

Remedy Sought

Appellant sought to set aside the order of the lower appellate court and declare his ownership over the disputed land.

Filing Reason

Appellant claimed to be legal heir of original owner and alleged that land was wrongly registered as trust property.

Previous Decisions

Joint Charity Commissioner registered the trust and declared land as trust property; revision application dismissed; civil appeal under Section 72(2) dismissed by Additional District Judge on 04.10.2024.

Issues

Whether the appellant proved his ownership or adverse possession over the disputed land? Whether the lower appellate court erred in dismissing the appeal under Section 72 of the Gujarat Public Charitable Trust Act, 1950?

Submissions/Arguments

Appellant argued that he is the legal heir of the original owner and that the land was never dedicated to the trust. Appellant contended that the revenue records show his ancestor's name and that the trust registration was obtained fraudulently.

Ratio Decidendi

The appellant failed to produce any evidence to prove his ownership or that the land was not trust property. The revenue records indicated the land belonged to the temple. The claim of adverse possession was not substantiated. Therefore, the lower appellate court correctly dismissed the appeal.

Judgment Excerpts

The present appeal is filed under section 96 of the Civil Procedure Code, 1908 read with section 72(4) of the Gujarat Public Charitable Trust Act, 1950 challenging the order passed by learned 2nd Additional District Judge, Devbhumi Dwarka at Khambhalia dated 04.10.2024 in Regular Civil Appeal No.24 of 2023 whereby, the application filed, under section 72 of the Gujarat Public Charitable Trust Act, by the present petitioner, came to be rejected.

Procedural History

Joint Charity Commissioner registered Thakar Temple Trust and declared disputed land as trust property. Appellant filed Revision Application No.1/2021 which was dismissed. Appellant then filed appeal under Section 72(2) before the Civil Court (Regular Civil Appeal No.24 of 2023) which was dismissed on 04.10.2024. Appellant filed First Appeal No.222 of 2025 before the High Court under Section 96 CPC read with Section 72(4) of the Gujarat Public Charitable Trust Act, which was dismissed on 30.01.2026.