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SURAJ GOVINDARAJ
Narasimhalu Nandini Memorial Education Trust – Appellant
Versus
Janatha Trust, A Charitable Trust – Respondent
ORDER :
1. The petitioners are before this Court seeking for the following reliefs:
b) Issue any writ or order or directions as this Hon'ble Court deems fit in circumstances of the case, in ends of justice and equity"
2. The respondent-Janatha Trust, a Public Charitable Trust had filed a suit in O.S.No.263/2021 before the Additional Civil Judge and JMFC-III at Raichur, seeking for a permanent injunction against the petitioners herein and others from interfering with the peaceful possession of the suit land in Sy.No.21 measuring 37 guntas of Rampur village.
3. The petitioners had filed their written statement and subsequently, filed an application under Section 92 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') on 20.12.2021 contending that without permission being obtained in terms of Section 92 of CPC, a suit could not have been instituted by a Public Charitable Trust against the petitioners arraying as defendants.
4. The said application came to be dismis
Suit filed by the trust against a third party as done in this case, in Court considered opinion would not come within the purview of Section 92 of CPC.
The main legal point established in the judgment is the requirement to establish the existence of a public charitable or religious trust, a clear breach of its terms, and the interest of the petition....
A Trust can seek relief under Section 92 CPC when it is a party to the proceedings alongside interested individuals, especially in cases of alleged mismanagement.
The court established that while leave to file a suit under Section 92 C.P.C. can be granted, it does not prevent defendants from contesting the maintainability of the suit based on the applicability....
Point of law: In matter of grant of leave under Section 92(1) of C.P.C, plaint averments alone need to be looked into.
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
Section 92 CPC suits against public trusts require three conditions: public charitable/religious purpose, breach or need for court direction, specified relief. Trial courts must analyze averments and....
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