A trust's registered management of an institution is upheld against claims by a subsequently formed trust, highlighting the importance of documented history in establishing ownership rights.

JUDGMENT :

(PER: THE HON'BLE MR. JUSTICE C M JOSHI)

This appeal is filed by the plaintiff-trust assailing the reversal of the judgment and decree passed by the Trial Court in O.S.No.371/2004 dated 03.06.2006 by the First Appellate Court in R.A.No.79/2006 dated 17.04.2007.

2. The factual matrix i.e. relevant for the purpose of this appeal is summarized as below:

i) The appellant-Trust filed a suit for declaration and consequential relief of injunction with following prayer:

“a) That the Hon’ble Court may kindly decree that the plaintiff trust is the rightful management of the Basel Mission English Medium School, Hubli and the defendants have no right of whatsoever nature to claim as the management of such institution and consequently the Hon’ble Court may kindly grant permanent injunction to restrain them from interfering for the peaceful administration of the institution by the plaintiff in the interest of justice and equity;

b) Accordingly, a decree may be passed;

c) Any other reliefs that the Court deems fit may kindly be granted in the interest of justice and equity.”

ii) It was contended that the appellant is a trust registered under the Bombay Public Trust Act, 1950, Hereinafter referred to as ‘BPT Act’ with registration No. E718 (DAR) in the year 1994 and is managing the educational institution by name Basel Mission English Medium School at Hubli.

iii) The said school was established in the year 1971 with great and sincere efforts of late Martin Luther Bhasme and the same was managed till his death and thereafter, it was registered in the name of Martin Luther Educational Trust in the year 1994. The respondent, which is also a trust registered under the BPT Act, without any authority has started interfering in the management of the school run by the appellant-trust in and around the year 1986. A change report was submitted to the Assistant Charity Commissioner (Competent Authority under the BPT Act), Belgaum and the same was approved in PTR sheet and therefore, the appellant- trust had to file the suit against the respondent-trust. After the trial, the authorities of the Department of Education of the Government have recognized the plaintiff trust as it is in the management of the said school and therefore, the appellant-trust sought the reliefs as mentioned (supra).

3. The defendants appeared and filed a written statement denying the plaint averments. Inter alia they contended as below:

i) The defendants contended that the plaintiff Martin Luther Educational Trust is not at all a trust and presumably it has come into existence only in the year 1994. The school had been started more than 30 years back and therefore, the plaintiff trust do not have any manner of right whatsoever in the institution. It is the defendant trust, which is managing the affairs of the Basal Mission Higher Education English Medium School at Hubballi and it was registered in Reg.No.E39/DWD under the BPT Act.

ii) The defendants also contended that the five trustees of the plaintiff have got their name registered on the basis of the orders passed by the Assistant Charity Commissioner, Belgaum in Enquiry No.52/2000 which is a fake one and the said enquiry nowhere connected to the plaintiff- institution. Therefore, it was alleged that documents have been fabricated by the plaintiff.

iii) They contended that the wife of one of the trustee i.e. Mart