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J. C. DOSHI
Amreli Gadhiya Samavayal Gnyati Vahivatdar – Appellant
Versus
Shivshanker Babulal Pandya – Respondent
JUDGMENT :
J.C. Doshi, J.
1. On following substantial question of law framed on 21.07.1993, this second appeal under Section 100 of Code of Civil Procedure, 1908 (for short 'CPC') was admitted :
2. To answer the above question, some facts are required to be noticed and as such they are taken up from the pleadings as under.
2.1 The plaintiffs - appellants herein had filed Regular Civil Suit No. 210 of 1986 in the Court of the learned Civil Judge (S.D.), Amreli for declaration and for taking possession of the suit property, alleging that the suit property is a trust property. It was also contended that Pandya Jivram Mahashanker expired on Vaishakh Vad Amas of S.Y. 1990. He executed a Will on 27.04.1934, which was his last Will, pertaining to this property. According to the said Will, the suit house was given to the plaintiffs - appellants and the said house was to be used as 'Mahajanwadi'. It was also contended that deceased Jivrambhai had given vessels and some cash amount to the trustees. At the time of filing of the suit, all the trustees
Registration of public trusts is mandatory for enforcement of rights, regardless of the testamentary document's date.
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.
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 the requirement to file an application under Section 92 C.P.C. for managing public trusts involving public charity, and the necessity to implead th....
Trustees of public charitable trusts do not require Charity Commissioner consent to file suits for recovering possession from trespassers, affirming their inherent rights as legal owners.
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 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, ....
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