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R. MAHADEVAN, MOHAMMED SHAFFIQ
Shree Chandraprabhu Maharaj Juna – Appellant
Versus
Nirmal Bhurath – Respondent
JUDGMENT :
R. MAHADEVAN, J.
This Original Side Appeal is filed assailing the order dated 24.08.2022 passed by the learned Judge in Application No.1480 of 2022 in C.S.(D)No.31019 of 2022, insofar as granting leave to the respondents 1 to 7 herein, who claim to be the members of the appellant Trust, to institute a suit under Section 92 of the Civil Procedure Code (in short, “the CPC”) against the appellant-Trust and the respondents 8 and 9 herein.
2. At the outset, it would be necessary to refer to the factual background leading to the filing of this appeal, according to the appellant - Trust, as follows:
2.1 The appellant is a registered Trust and is functioning in terms of the Trust Deed dated 20.08.1987 registered as document No.1003/1987 on the file of the Registrar of Madras North. As per clause 13 of the Trust Deed, the entire management, control and administration of all the affairs of the Trust and all its branches and activities shall be vested with the Trust Board. The Trust Board consists of 22 trustees, 11 each from Khartar Gachh and Tapa Gachh members. The Tapa Gachh and the Khartar Gachh members of the Trust shall independently elect eleven Trustees from among themselves
The suit under Section 92 of the CPC was not maintainable as the validity of the MoU had already been upheld and a separate suit challenging it was barred.
The Trust possesses a distinct legal identity separate from its founders, exempting it from unauthorized claims of trusteeship from third parties, as affirmed under Section 92 of CPC.
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
The court established that for a suit under Section 92 of the CPC, it is essential to demonstrate a public charitable trust, a breach of trust, and appropriate relief sought, emphasizing the protecti....
The settlement deed dated 25-8-1947 created a Trust in favor of the deities of the Temple and assigned specific duties to each branch, creating hereditary rights to administer the Temple.
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