LAW FOR ALL

for quashing and setting aside the judgment/order dated 06.08.2011 passed by the Charity Commissioner-respondent No.2 herein vide which the Charity Commissioner has granted permission to the respondents under Section 36 of the Bombay Public Trusts Act 1950 on the conditions stipulated therein.- In the light of foregoing discussion and further having regard to the nature of controversy and lastly, keeping in view the manner in which the parties prosecuted this litigation against each other, we are inclined to dispose of this appeal with observations and certain directions mentioned infra which we consider are apposite in the facts of the case. 23) First, the scheme/agreement in question would not be given effect to by the parties in the light of respondent No. 18 (KHPL)’s two letters dated 03.11.2015 and 17.11.2011; 24) Second, the BPP and PLIH would be at liberty to enter into any other arrangement, scheme etc. in relation to the land/hospital in question, if they so consider it to be just and proper and in the interest of the Trusts/beneficiaries with any person, body, Corporate, organization, firm etc. If the Trust(s) resolves to do so, then it will be given effect to after ensuring all necessary compliances/formalities/ requirements contained in the Trust Deed and the Act and after obtaining necessary approval from the Charity Commissioner as required under the Act; 25) Third, we have not expressed any opinion regarding issue of the termination of the agreement made by respondent No. 18 - KHPL qua BPP/PLIH and vice versa because it was not the subject matter of this litigation. 26) We, therefore, leave the parties to get their rights decided against each other arising out of the agreement, if any, in appropriate forum in accordance with law; and 27) Fourth, the Trustees will take all decisions in relation to the affairs of the Trust keeping in view the directions of the author of the Trust after ensuring compliance of the provisions of the Act and after obtaining due approval of the competent authority from time to time;- a Trust is an obligation arising out of confidence reposed in the Trustee(s) that he/they would discharge it faithfully for the benefit of the Trust and its beneficiaries.When the Trustee accepts the confidence so reposed in him, it becomes his duty to do everything in compliance with the author's wish and to do nothing that may amount to betrayal of the confidence so reposed on him. In other words, it is the duty of every Trustee whether jointly or/and severally to fulfill the object and the purpose of the Trust and obey the directions of the author of the Trust given at the time of its creation. This is his moral as well as legal duty recognized under the Act.We have noticed from the record that the Trustees who belong to Parsi community enjoy high status in the society and are persons of eminence in their respective fields. There should, therefore, be no reason as to why any trustee should try to cause any harm to the interest of the Trust(s) or for that matter should act prejudicially and against the interest of the Trust.There may be difference of views when issues relating to the affairs of the Trust are debated amongst the Trustees but what should be the uppermost behind everyone's viewpoint is "interest of the Trust and the beneficiaries" while projecting everyone's viewpoint. That would be, in our opinion, his real selfless service to the Trust and its beneficiaries. It will bring good for the Trust and its beneficiaries.We hope that the Trustees would keep in mind these observations while discharging individual and collective duties and every Trustee would ensure that the Trust is able to do charity in letter and spirit for the good of humanity-Indeed that being the only wish of the creator/author while forming the Trust.