Indian Kanoon - Search engine for Indian Law

4. Mr. Mehul S. Shah, learned advocate appearing for the appellants has contended that the lower court has erred in construing the Scheme and in failing to appreciate and consider that hereditary trustee has to be appointed from the members of the family of Lalsha Budusha by following procedure as per Clause 9 of the Scheme and, as such, appointment and Change Report are not in accordance with the sanctioned scheme and therefore the change report cannot be allowed. He has submitted that as per the sanctioned scheme on considering its Clauses 5 and 9, it can be clear that hereditary trustee can be appointed from members of family of Shri Lalsha after giving notice inviting application for the appointment of the hereditary trustee. He has further submitted that in case of any vacancy, the same has to be filled within one month.