Prashant Kumar Mishra, J.

1. This is plaintiff's first appeal under Section 96 of the Code of Civil Procedure, 1908 (henceforth 'the CPC') challenging the order dated 27-8-2010 passed by the trial Court rejecting the plaint under Order 7 Rule 11 of the CPC.

2. The plaintiff preferred the suit on 17-1-2008 for declaration that the order passed by the Registrar, Public Trust-cum-Collector, Jashpur, in case No. 01/B-113/06-07 on 18-7-2007 be declared null and void as also for declaration that Baba Bhagwan Ram Avdhut Trust is not a public trust and further that the land bearing khasra No. 449/5 area 0.364 hectare situated at village Gamhariya, Tahsil Jashpur Nagar is not the property of the said public trust.

3. The suit was filed on the pleadings, inter alia, that Baba Bhagwan Ram (henceforth 'Baba') was a famous saintly figure who had established an organization by the name Sarveshvari Samuh at various places in the country. Baba had also purchased several properties in his own name through different sale deeds. In his name there was one such property being the suit land mentioned above, which was purchased from the erstwhile Ruler of Jashpur State Shri Vijaybhushan Singh Judeo by registered sale deed dated 17-3-1960 and thereafter, name of Baba was recorded as bhoomiswami in the revenue records. Baba used to sale or gift his personal properties to various persons. In course of said transactions, Baba had executed a gift deed of the suit property in plaintiff's favour on 21-6-1991, which was duly registered on 28-6-1991 and subsequently, the name of the plaintiff was recorded in the revenue records by Entry No. 21 dated 13-2-1996.

4. It was further pleaded that the order of mutating the plaintiff's name was challenged by way of revision petition by Sarveshvari Samuh before the Board of Revenue, which was allowed on 26-3-1996 against which the plaintiff preferred writ petition bearing MP No. 1593 of 1996 before the erstwhile High Court of Madhya Pradesh, which was allowed on 10-8-1999 setting aside the order passed by the Board of Revenue and maintaining the order passed by the Tahsildar, Jashpur, in plaintiff's favour. Despite the said order, the Tahsildar Jashpur, did not act upon the plaintiff's application for re-entry of plaintiff's name in the revenue record, which was deleted after the order passed by the Board of Revenue.

5. In the meanwhile, the defendant No. 1 Gurupad Sambhav Ram, the Chief Trustee of the so called Baba Bhagwan Ram Avdhut Trust Brmha Nishthalay, Sogda, Tahsil Jashpur Nagar, District Jashpur, preferred civil suit No. 5-A/1997 (re-numbered as 10-A/2005) challenging the gift deed in plaintiff's favour, however, the suit was withdrawn on 28-3-1996.

6. The plaintiff has obtained retail dealership of petroleum product from the Bharat Petroleum Corporation Limited (BPCL) and has established a petrol and diesel pump on the suit land. The suit filed by the defendant No. 1 having been withdrawn and the High Court of Madhya Pradesh having decided the issue of mutation in plaintiff's favour, the gift deed is valid and lawful having not been set aside or declared void by any Civil Court.

7. It was also pleaded that after the death of Baba the defendant No. 1 obtained forcible possession of the other properties belonging to Sarveshvari Samuh, therefore, plaintiff's son Tejpratap preferred civil suit No. 265/1993 before the Civil Court, Varanasi, therefore, the defendant No. 1 adopted a revengeful attitude and started taking steps to harass and cause damage to the plaintiff. He colluded with the Sub Divisional Officer (Revenue), Jashpur Nagar to declare the suit property as trust property against which the plaintiff's son Tejpratap and Prashant Sinha preferred civil suit Nos. 17-A/2005 and 18-A/2005 in the Civil Court, Jashpur Nagar wherein issue Nos. 6 & 7 were framed as to whether the suit land is the property of a registered public trust and whether Baba Bhagwan Ram Avdhut Trust or Sarveshvari Samuh is registere