sa370.10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ SECOND APPEAL NO.370 OF 2010 ,With CA/8232/2010 ,In SA/370/2010 ,With CA/8285/2010 ,In SA/370/2010 BHAGWANDAS GURU RANGIRAM VERSUS CHRI CHHOTELAL PURANSING ARORA AND ANR ... Advocate for appellant : Mr.Singh J.N. Advocate for Respondents : Mr. Khandelwar Rajesh K. Adv for R/ 1 AGP for R.No.2: Mr. V.G. Shelke. ... CORAM : S.S. SHINDE, J. Dated: December 16, 2011 ... Heard learned Counsel for the appellant, respondent No.1 and learned AGP for respondent No.2 Joint Charity Commissioner. 2 This second appeal takes exception to the judgment and order passed by the District Judge-3, Aurangabad dated 6th sa370.10 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ March, 2010 in MARJI No.25/2009. The learned Counsel for the appellant would submit that there was compromise between the appellant and the respondent. He further submits that in view of the compromise, the judgment and order of the District Court and also the Charity Commissioner are required to be set aside. The learned Counsel further submits that there was no any misappropriation or no any illegal sale of the property of the trust. He invited my attention to the grounds taken in the second appeal and submitted that the second appeal deserves consideration. 3 Upon hearing the learned Counsel for sa370.10 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ the parties and upon perusal of the impugned judgment and order passed by the District Court, it is seen that in para 18 of the judgment the District Court observed that the appellant herein, who was appellant before the District Court, had leased out a plot by obtaining `25,000/- and on monthly lease of `1000/-. The description of the property goes to show that it is the property of the trust which has been leased out. It is further observed that it is no where the case of the appellant either before the Joint Charity Commissioner or District Court that he has accounted for the said amount, no documentary evidence was produced on record to absolve the appellant from the said liability. The definite findings are sa370.10 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ recorded by the District Court that the appellant has utilized the said amount for his personal gains and thus, has acted contrary to the interest of trust. The District Court, in para 20, has considered the findings recorded by the Joint Charity Commissioner and the material which was placed before the Joint Charity Commissioner. In short, the order of the Joint Charity Commissioner has been confirmed by the District Court. 4 The learned Counsel for the appellant was at pains to argue that since the matter is compromised between the appellant and respondent No.1, the impugned judgment sa370.10 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ and order is required to be set aside. The amount has been spent for the treatment of the head of the Math and, therefore, the impugned judgment and order is required to be set aside. This submission of the Counsel for the appellant cannot be accepted. Both the Courts below have concurrently held that the appellant herein had leased the plot by obtaining `25,000/- and on monthly lease of `1000/-. The property belongs to the trust and the appellant has not accounted for the said amount to the trust. After appreciation of the evidence brought on record, the definite finding is recorded that the said amount has been utilized by the appellant for his personal gains and thus, he has acted contrary to the interest of the sa370.10 6 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ trust and, therefore, the order passed by the Joint Charity Commissioner for removing him as trustee cannot be faulted with for the aforesaid reasons. 5 None of the grounds in the second appeal can be considered as substantial question of law. Second appeal stands dismissed summarily. Consequently, civil applications stand rejected. (S.S. SHINDE, J.) PLK/*