IMPORTANT POINT
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.

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, 1951 (for short ’the Act of 1951’) for rejection of plaints on the ground that the suits are barred by the provisions of Section 32 of the Act of 1951 as the plaintiff Foundation squarely falls within the scope and ambit of the provisions contained in the Act of 1951 and it is not registered under the Act of 1951 within the State of Chhattisgarh. Non-applicant No.1/plaintiff filed a reply to the application and specifically stated that the plaintiff Foundation is a Society registered under the Societies Registration Act, XXI of 1860 and therefore, there was no requirement to get registered under the provisions of the Act of 1951. Thereafter, the written statements were filed in both the civil suits. Learned Trial Court vide order dated 29.06.2019 rejected the application moved by the applicant/defendant No.3 in both the suits on the ground that the plaintiff is registered as a Society under the provisions of the Act, 1860.

3) Mr. Bajaj, the learned counsel appearing for the applicant/defendant No. 3 argued that as per Section 32 of the Act of 1951, no suit to enforce a right on behalf of a public trust which has not been registered under this Act shall be heard or decided in any Court. He further argued that the plaintiff has not disputed the fact that it is a society defined under Section 2(4) of the Act of 1951 and comes within the purview of Public Trust. He also argued that the learned Trial Court failed to appreciate the object of Section 32 of the Act of 1951 and in the absence of registration within the State of Chhattisgarh, there would be no control over such society or trust. He submitted that there is a similar provision in the Maharashtra Public Trusts Act, 1950 (for short the ‘Act of 1950’) under Section 31 which creates a bar to hear or decide suits. He further submitted that Section 31(1) of the Act of 1950 says that no suit to enforce a right on behalf of a public trust which has not been registered under this Act shall be heard or decided [in any court]. He referred to the judgment passed by the High Court of Bombay in the matter of Shri Dnyaneshwar Madhuradwait Sampradayik Mandal, Amravati Vs. Charity Commissioner, Bombay and another, 1980 SCC Online Bom 120 wherein the definition of ‘public trust’ was considered and it was held that the “public trust” means an express or constructive trust for either a public, religious or charitable purpose or both and includes a temple, a math, a wakf, church, synagogue, agiary or other places of public religious worship, a dharmada or any other religious or charitable endowment and a society formed either for a religious or charitable purpose or for both and registered under the Societies Registration Act, 1860. It is further held that in the case of a society registered under the Societies Registr