After hearing both the learned Counsels I am not inclined to accept the submission of Shri Abhyankar whereas I am inclined to accept the contentions of Shri Apte as I find that the Full Bench Decision of Gujrat reported in MANU/GJ/0112/1973 : AIR1973Guj113 Atmaram Ranchhodbhai v. Gulam Moyeddin,(supra) is directly on the point and arises under the Rent Act. It has been held by the Full Bench of Gujrat that unless instrument of trust otherwise provides all co-trustees must join for filing a suit to recover the possession of the property from the tenant.
IN THE HIGH COURT OF BOMBAY
Writ Petition Nos. 2434 and 2773 of 1982
Decided On: 04.03.1993
Nagar Wachan Mandir, Pandharpur Vs. Akbaralli Abdulhusen and Sons
Hon'ble Judges/Coram:
B.N. Naik, J.
Citation: 1994(2) BomCR 251,1994 MHLJ 281
