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RAKESH MOHAN PANDEY
Durga Carriers Pvt. Ltd. – Appellant
Versus
Dinesh Chandra Khare S/o Shri Virendra Prasad Khare – Respondent
JUDGMENT
RAKESH MOHAN PANDEY, J.
1) In both these civil revisions, common questions of facts and law are involved, therefore, they are heard together and disposed of by this common order.
2) The facts of the case are as under:-
(i) Non-applicant No.1/plaintiff i.e. Dinesh Chandra Khare, Special Power of Attorney of S.R.M. Foundation of India, registered Office A-14, Mohan Co-operative Industrial State, Mathura Road, New Delhi filed two Civil Suits bearing C.S. No.51A/2015 and C.S. No.52A/2015 seeking declaration of title, permanent injunction and possession, inter alia on the ground that the land bearing Survey Nos. 16/2 x, 18/2 x, 19/2 x, 20/3 x and 21/1 x, total ad-measuring 2.023 hectares situated at Village - Pangaon, Patwari Halka No.20, Block and Tehsil - Balodabazar, Bhatapara are the exclusive property of S.R.M. Foundation of India but in both the cases, defendant No.1/Shri G. Ramchandra Mohan executed registered sale deeds of the remaining area i.e. 0.250 & 1.773 hectares, respectively, in favour of defendant No.2/Shri A.K. Ratnakar. Defendant No.3/the applicant moved an application under Order 7 Rule 11 of the CPC read with Section 32 of the Chhattisgarh Public Trusts Act, 19
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.
Registration of public trusts is mandatory for enforcement of rights, regardless of the testamentary document's date.
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....
A public trust registered as a society under the Tamil Nadu Societies Registration Act can still be managed under Section 92 of the CPC, allowing civil court intervention for breach of trust allegati....
The suit under Section 92 of the CPC is maintainable as the Sabha is deemed a public Trust, enabling remedial actions against mismanagement despite being registered as a Society.
The main legal point established in the judgment is that the Maharashtra Public Trust Act is a complete code in itself and that section 92 of the C.P.C. is not applicable to public trusts as per sect....
The main legal point established in the judgment is that the suit proceedings should have remained stayed until the trust obtained registration, as per Section 29 of the Rajasthan Public Trusts Act, ....
Section 2(13) of the Trusts Act when the petitioner Society is registered under the Societies Registration Act and the same is registered for charitable purposes, it is deemed to be a charitable Trus....
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