- In any case-(i)where it is alleged that there is a breach of public trust,(ii)[where direction is required to recover possession of a property belonging to a public trust] [These words were substituted for the portion beginning with the words 'where a declaration' and ending with the words 'the possession of such property' by Bombay 6 of 1960, Section 26(a).] [or the proceeds thereof or for an account of such property or proceeds] [These words were inserted by Bombay 23 of 1955, Section 6(1).] from any person including a person holding adversely to the public trust, or(iii)where the direction of the court is deemed necessary for the administration of any public trust.the Charity Commissioner [after making such inquiry as he thinks necessary] [These words were inserted by Bombay 6 of 1960, Section 26(b).] or two or more persons having interest in the trust and 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 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)an order for the recovery of the possession of such property [or proceeds thereof] [These words were added by Bombay 23 of 1955, Section 6(2).],(b)the removal of any trustee or manager,(c)the appointment of a new trustee or manager,(cc)[ vesting any property in a trustee,] [Clause (cc) was inserted by Bombay 28 of 1953, Section 9.](d)a direction for taking accounts and making certain inquiries,(e)a declaration as to what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust,(f)a direction authorising the whole or part of the trust property to be let, sold, mortgaged or exchanged,(g)the settlement of a scheme or variations or alterations in a scheme already settled, or(h)granting such further or other relief as the nature of the case may require:Provided that no suit claiming any of the reliefs specified in this section shall be instituted in respect of the provisions thereof:[Provided further that the Charity Commissioner may, instead of instituting a suit, make an application to the Court for a variation or alteration in a scheme already settled.] [Proviso added by Bombay 6 of 1960, Section 26(c).]
