Case Note & Summary
The appellant, Mallari S/o Ramchandra Nimbalkar, filed an appeal under Section 72(4) of the Bombay Public Trust Act, 1950 (BPT Act) challenging the order dated 08.11.2005 passed by the II Additional District Judge, Belgaum, in Misc. App. No. 96/2001. The District Judge had confirmed the order dated 19.05.2001 passed by the Charity Commissioner, Belgaum, in Appeal No. 15/97, which directed the registration of the trust as a public trust under the BPT Act. The appellant contended that the trust was a private trust and not a public trust, and that the Charity Commissioner erred in ordering registration. The respondents, including Laxman Raju Poojari and others, supported the order. The court examined the evidence, including the fact that the property was dedicated to a deity and the public had access. The court held that the burden of proof was on the appellant to show that the trust was private, and he failed to discharge that burden. The concurrent findings of fact by the Charity Commissioner and the District Judge were based on evidence and were not perverse. The court dismissed the appeal, upholding the order directing registration of the trust as a public trust.
Headnote
A) Bombay Public Trust Act - Public Trust vs Private Trust - Sections 2(13), 2(10), 72(4) - The appellant claimed the trust was a private trust, but the court held that the burden of proof was on the appellant to show it was private, and the evidence indicated dedication to the public. The concurrent findings of the Charity Commissioner and the District Judge were upheld. (Paras 1-10)
B) Evidence Act - Burden of Proof - Section 101 - The appellant failed to discharge the burden of proving that the trust was private, as the property was used for public religious purposes and the public had access. (Paras 5-8)
C) Civil Procedure Code - Appeal - Section 100 - The High Court cannot interfere with concurrent findings of fact unless they are perverse or based on no evidence. (Para 9)
Issue of Consideration
Whether the trust in question is a private trust or a public trust under the Bombay Public Trust Act, 1950.
Final Decision
The appeal is dismissed. The order dated 08.11.2005 passed by the II Additional District Judge, Belgaum, in Misc. App. No.96/2001 is confirmed.
Law Points
- Burden of proof on person claiming trust is private
- Presumption of public trust when property is dedicated to religious or charitable purposes
- Concurrent findings of fact not interfered with unless perverse
Case Details
2026 LawText (KAR) (06) 89
MFA No. 2424 of 2006 (BPT)
Ramachandra A. Mali (for appellant), Shivakumar S. Badawadagi (for R1), Ravikumar D. Gokakakar (for R7), Abhishek Malipatil (HCGP for R10)
Mallari S/o Ramchandra Nimbalkar
Laxman Raju Poojari and others
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Nature of Litigation
Appeal under Section 72(4) of Bombay Public Trust Act against order of District Judge confirming Charity Commissioner's order directing registration of trust as public trust.
Remedy Sought
Appellant sought to set aside the order directing registration of the trust as a public trust.
Filing Reason
Appellant claimed the trust was a private trust and not a public trust.
Previous Decisions
Charity Commissioner in Appeal No.15/97 dated 19.05.2001 directed registration of trust as public trust; II Additional District Judge, Belgaum in Misc. App. No.96/2001 dated 08.11.2005 confirmed that order.
Issues
Whether the trust is a private trust or a public trust under the Bombay Public Trust Act, 1950.
Submissions/Arguments
Appellant argued that the trust was a private trust and the Charity Commissioner erred in ordering registration as a public trust.
Respondents supported the order, contending that the trust was a public trust.
Ratio Decidendi
The burden of proof lies on the person claiming that a trust is private to establish that fact. In this case, the appellant failed to discharge that burden. The concurrent findings of fact by the Charity Commissioner and the District Judge, based on evidence, are not interfered with unless perverse.
Judgment Excerpts
The appellant/petitioner has filed the present appeal under Section 72(4) of Bombay Public Trust Act, 1950 challenging the order dated 08.11.2005 passed in Misc.App.96/2001 on the file of II Additional District Judge, Belgaum, by confirming the order dated 19.05.2001 passed in Appeal No.15/97 on the file of Charity Commissioner, Belgaum.
Procedural History
The Charity Commissioner, Belgaum, passed an order in Appeal No.15/97 dated 19.05.2001 directing registration of the trust as a public trust. The appellant filed Misc. App. No.96/2001 before the II Additional District Judge, Belgaum, under Section 72(1) of the BPT Act to set aside that order. The District Judge dismissed the application on 08.11.2005. The appellant then filed the present appeal under Section 72(4) of the BPT Act before the High Court of Karnataka.
Acts & Sections
- Bombay Public Trust Act, 1950: 2(13), 2(10), 72(4), 72(1)
