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KRISHNA RAO
Abhishek Agarwalla – Appellant
Versus
Kailash Nevatia – Respondent
JUDGMENT :
Krishna Rao, J.
1. The defendant no. 5 has filed an application being G.A No. 7 of 2022 for rejection of plaint on the pretext that the mother of the plaintiff no.1 had initially filed an application for grant of probate of the alleged Will dated 15th December, 1999 being PLA No. 158 of 2000 which was subsequently converted to a Testamentary Suit No. 3 of 2017 and upon demise of the mother, the plaintiff no.1 is proceeding with the suit but the plaintiff no. 1 has not taken any proper steps for disposal of the said proceeding and now the plaintiffs have filed the present suit though the plaintiffs have no statutory right to file the suit.
2. The defendant no. 5 says that Jagdish Prasad Tulshan was holding the post of Principle Trustee in respect of all the Trust properties namely Rai Surajmull Bahadur Charitable Trust, also known as Rai Surajmull Bahadur Charitable Fund and he died on 20th January, 2000 but he had not executed any Will dated 15th December, 1999 in favour of his sister Saroj Agrawalla.
3. The defendant no. 5 says that the plaintiff no.1 is not having any right to interfere with the management or administration of the Trust Property. The plaintiff no.1 has
The appellate court's ruling on the defendant's entitlement to challenge the plaintiffs' locus and the open issues regarding the applicability of Section 92 were central to the court's decision.
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 for a suit under Section 92 of the CPC, it is essential to demonstrate a public charitable trust, a breach of trust, and appropriate relief sought, emphasizing the protecti....
The requirement under Section 92 of the CPC for at least two persons to file for leave to sue against a public charitable trust is mandatory and non-compliance affects the jurisdiction of the court.
A suit under Section 92 of the CPC can only be filed against a trust and not by a trust itself; claims that are personal in nature do not qualify for relief under this section.
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....
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