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DEEPAK KUMAR TIWARI
Maa Banjari Devi Temple Trust, Through Its Trustee - Pradeep Kumar Sharma, S/o. Shri M. D. Sharma – Appellant
Versus
Pandit Ravishankar Tiwari, S/o. Late Kirat Ram Tiwari – Respondent
ORDER :
1. This revision has been preferred under Section 115 of the Code of Civil Procedure being aggrieved with the order dated 18.8.2023 passed by the Twelfth Additional Judge to First Civil Judge Class-II, Raipur (CG) in Civil Suit No.16-A/2023, whereby, the application preferred by the petitioner/defendant under Order 7 Rule 11 of the Code of Civil Procedure (in short “the CPC”) has been dismissed.
2. Brief facts of the case are that in the premises of Pandit Ravi Shankar Shukla University, a temple is situated. The University, for better management of the temple, took a decision for constitution of the Trust Committee and thus, Regulation No.175 was framed by the University in the name of ‘Maa Banjari Devi Temple Trust’. After due proceeding, the Registrar (Public Trusts)-cum-SDO (Revenue), Raipur vide order dated 22.12.2020 (Annexure P/2) passed in Case No.06/B-113(1) Year 2019-20 under Section 6 of the C.G. Public Trusts Act, 1951 (in short “the Act, 1951”) gave a direction under Section 7 of the said Act to make the entry of the said Trust in the register in accordance with the finding recorded under Section 6 of the Act, 1951 and further, a Registration Certificate was also
The main legal point established in the judgment is that the plaintiff failed to prove his title over the suit property and the suit was not maintainable as per the provisions of the Chhattisgarh Pub....
The registrar's refusal to grant permission for trust property sale must be supported by evidence of prejudice to public interest; arbitrary denials are against statutory provisions.
The main legal point established in the judgment is that the Registrar exceeded its jurisdiction by recalling the entire order and exercising the power provided under Section 26 of the Act, which was....
A society registered under the Societies Registration Act, 1860 is not required to register under the Chhattisgarh Public Trusts Act, 1951 to maintain a suit as a public trust.
Procedural compliance in trust registration is mandatory; failure to notify interested parties invalidates the registration process.
The court ruled that actions taken by the State Hindu Religious Trust Board were without jurisdiction due to non-compliance with statutory provisions, affirming the private nature of the religious tr....
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