JUDGMENT - R.M. LODHA, J:---By this first appeal, the appellants seek to challenge the judgment and order passed by the District Judge, Solapur on 18-7-1998 in Civil Misc. Application No. 14 of 1998 filed under section 72 of the Bombay Public Trusts Act, 1950 (for short 'Act of 1950'). 2. The relevant facts necessary for disposal of this first appeal are : Maratha Samaj Seva Mandal (for short 'the Trust') was created under the trust deed dated 14-1-1960 and was registered in the year 1961 under the provisions of the Bombay Public Trusts Act. The objects of the trust are educational and the trust runs various schools and colleges in Solapur. The trust deed is said to have been lost in floods. The trust has it own constitution which amongst others provides for its aims and objects, membership, composition of managing committee, its powers and tenure, powers of office-bearers and the powers of general body. The general body meeting of the trust was held on 10-5-1996 and in that meeting, unanimous resolution was passed amending Clause No. 7(3) of the Constitution in respect of tenure of management committee and by view of amendment, the tenure of a management committee was enhanced from 3 years to 5 years. Manohar Ganpat Sapate, President of the trust (respondent herein) made an application before the Assistant Charity Commissioner, Solapur informing him about the change in the constitution Clause No. 7(3) and prayed that the said change be recorded. Alongwith the change report, copy of the constitution, minutes of the meeting of general body held on 10-5-1996 and the affidavit of its President Shri Sapate were also filed. The Assistant Charity Commissioner accepted the change report by his order dated 4-6-1996. The petitioners challenged the order passed by Assistant Charity Commissioner by filling revision before the Joint Charity Commissioner who by his order set aside the order of the Assistant Charity Commissioner. The respondent herein was aggrieved by the order of the Joint Charity Commissioner and he filed the application under section 72 of the Act of 1950 before the IIIrd AddI. District Judge, Solapur who by the impugned order set aside the order of Joint Charity Commissioner and restored the order of Assistant Charity Commissioner and thus upheld acceptance of change report. 3. District Judge, Solapur who by the impugned order set aside the order of Joint Charity Commissioner and restored the order of Assistant Charity Commissioner and thus upheld acceptance of change report. 3. The only contention raised by the learned Counsel for appellants in the first appeal is that the general body had no power to amend or vary the constitution which was in the nature of instrument of trust and the only remedy was to file a regular suit under section 50 of the Act of 1950 as provided in Clause (o) of section 50. 4. There is no dispute that the trust deed under which the trust was created has been lost in floods and its contents are not available. As already referred above, the trust has its constitution which provides for the aims and objects of the trust, composition of managing committee and its power, the powers of its office-bearers and powers of general body including power to amend the constitution. 5. The English translation of Clauses 7 and 14 as provided by the learned Counsel for appellants which is not disputed by the learned Counsel for respondent reads thus:--- "Clause-7 1. There shall be 5 office-bearers and 10 members i.e. a managing body of 15 members to look after the affairs of the trust. These office-bearers will be elected by the members of the trust by a secret ballot. 2. Every member is eligible to be elected on the managing body. 3. The term of the managing body will be of three(3) years. 4. ........ Clause-14 The above is the constitution of the trust according to which all have to work. By two third majority in the meeting called as per constitution, the members will have right to modify the abovementioned clauses of the trust." 6. The constitution of the trust thus provides that terms of the managing body shall be three years. Clause 14 empowers the general body of its members to have the clauses of the trust modified or changed by 2/3rd majority in the meeting or as per the constitution. It would be thus seen that in the general body meeting called as per constitution of trust, by 2/3rd majority in the meeting, clauses of the constitution governing the trust may be modified or changed. It would be thus seen that in the general body meeting called as per constitution of trust, by 2/3rd majority in the meeting, clauses of the constitution governing the trust may be modified or changed. Pursuant to the power conferred under Clause 14, the general body in its meeting held on 10-5-96, unanimously resolved the modified sub-clause (3) of the Clause 7 by enhancing the term of managing body from three years to five years. There is no dispute that the meeting which was held on 10-5-96 was as per constitution of the trust or that there was any illegality or irregularity in convening the meeting or passing the resolution. 7. The learned Counsel for appellants heavily relied upon section 50 of the Act of 1950, the relevant portion of which reads thus :--- (i) where it is alleged that there is a breach of a public trust, negligence, misapplication or misconduct on the part of a trustee or trustees. (ii) where a direction or decree is required to recover the possession of or to follow a property belonging or alleged to be belonging to a public trust or the proceeds thereof or for an account of such property or proceeds from a trust, ex-trustee, alienee, trespasser or any other person including a person holding adversely to the public trust but not a tenant or licensee. (iii) where the direction of the Court is deemed necessary for the administration of any public trust, or (iv) for any declaration or injunction in favour of or against a public trust or trustee or trustees or beneficiary thereof." The Charity Commissioner after making such enquiry as he thinks necessary, or two or more persons having an interest in case the suit is under sub-clauses (i) to (iii), or one or more such persons in case the suit is under sub-clause (iv) having obtained the consent in writing of the Charity Commissioner as provided in section 51 may institute a suit whether contentious or not in the Court within the local limits of whose jurisdiction the whole or part of the subject-matter of the trust is situate, to obtain a decree for any of the following reliefs ; (a) .................. (b) .................. (c) .................. (d) .................. (e) .................. (f) .................. (g) .................. (h) .................. (i) .................. (j) .................. (k) .................. (l) .................. (m) .................. (n) .................. (b) .................. (c) .................. (d) .................. (e) .................. (f) .................. (g) .................. (h) .................. (i) .................. (j) .................. (k) .................. (l) .................. (m) .................. (n) .................. (o) an order varying, altering, amending or superseding any instrument of trust. (p) .................. (q) .................. 8. Section 50 only provides that if two or more persons having an interest in case the suit is covered by Clauses (i) to (iii) or one or more such persons in case the suit is covered under Clause (iv), may file the suit under section 51 after obtaining permission in writing from the Charity Commissioner for the reliefs set out under Clauses (a) to (q). Clause (o) provides for a relief by way of an order varying, altering, amending or superseding any instrument of trust. Such enabling provision under section 50 which makes incumbent upon the concerned suitor to obtain written permission from Charity Commissioner before filing the suit does not and cannot be read to be curtailing the power of the general body of the trust given in Clause 14 of the constitution of the trust. Section 50 does not in any manner take away the rights of various bodies of the trust under the constitution. Section 50 is a provisions intended to curb frivolous suits being filed against the public trust and therefore mandates the suitor to obtain written permission of Charity Commissioner before filing the suit. The said provision does not create any fetter upon the general body of the trust to act in accordance with the power given to it under constitution of trust. As it is general body of the trust is paramount body and when its constitution provides them to make any alternation in trust 2/3rd majority, the act done by them in accord with the constitution cannot be faulted. 9. Since there is no dispute that the meeting of general body held on 10-5-96 was in accordance with the constitution and it was unanimously decided therein that sub-clause (iii) of Clause 7 be amended, the term of managing body be altered from three years to five years, it cannot be said that the said resolution suffered from error or was in contravention of section 50 of the Act of 1950. The judgment and order passed by the IIIrd Addl. District Judge, Solapur, therefore, does not suffer from any infirmity warranting interference by this Court in first appeal. The judgment and order passed by the IIIrd Addl. District Judge, Solapur, therefore, does not suffer from any infirmity warranting interference by this Court in first appeal. The first appeal, accordingly, has no merit and is dismissed with no order as to costs. First appeal dismissed. -----