before this Court of the year 1944, namely, Suit No.741 of 1944 and the scheme settled thereby. This scheme remains unaffected even after the enactment of the MPT Act. In fact, the MPT Act takes note of such schemes and which came into force by virtue of the orders passed by the competent court. The specific Section, namely, Section 50A by sub-section (1) opens with non obstante clause. The Charity Commissioner is empowered to frame, amalgamate or modify schemes. It is very clear that the further Sections, namely, Sections 51, 52 onwards would denote that no scheme which was in force prior to the enactment in question, namely, the MPT Act, is bereft of any legal force or sanction. In fact, all the provisions, which repealed the Religious Endowments Act, 1863 by the MPT Act, clarify that any right, title, interest, obligation or liability already acquired, accrued or incurred before the said date, any legal proceedings or remedy in respect of such right, title, interest, obligation or liability or anything duly done or suffered before the said date shall not be affected by the repeal. In the circumstances, we do not think that the scheme, which was in force, has lost its legal sanctity. There was, therefore, something more required to be done so as to dislodge the scheme of 1945.
