T.S.MISRA
Dhirendra Singh – Appellant
Versus
Dhanai – Respondent
The legal document details a case involving a suit under Section 92 of the Civil Procedure Code (CPC), which pertains to disputes related to public trusts of a religious or charitable nature. The key points are as follows:
The suit was filed by the plaintiffs alleging the existence of a public Math (a religious institution) and endowments of properties to the Math and installed deities, with the purpose of maintaining the Math and its activities (!) (!) .
The defendants contested the claim, asserting that the properties were personally owned by the defendant No. 1 and not held in a public trust or for religious or charitable purposes. They also denied the existence of a public Math or endowment (!) (!) .
The court examined the evidence and found that the properties in question were held personally by the defendant No. 1 and his ancestors, rather than being endowed for public or religious purposes. The properties were not dedicated to any public trust or deity, and the alleged Math did not meet the criteria of a public trust (!) (!) .
A crucial requirement for maintaining a suit under Section 92 is the proof of the existence of a public trust of a religious or charitable nature, with the beneficiaries being the general public or a class thereof. The suit must also be initiated with the consent of the Advocate General, and the relief sought must align with those permissible under the section (!) (!) .
The court concluded that the plaintiffs failed to establish the existence of a public trust or endowment, and therefore, the suit was not maintainable under Section 92. The evidence did not support the claim that the properties were dedicated to religious or charitable purposes or that they belonged to a public Math (!) (!) .
Additionally, the court noted that certain reliefs sought by the plaintiffs, such as declaring properties as endowed and canceling transfers, were not permissible without the specific sanction or consent of the Advocate General, which was not obtained for all reliefs (!) .
Based on these findings, the court dismissed the suit and the appeal filed by the plaintiffs, affirming that the legal requirements for a suit under Section 92 were not satisfied in this case (!) .
In summary, the case underscores that establishing the existence of a public trust and compliance with procedural requirements, including the Advocate General's consent, are fundamental for maintaining a suit under Section 92 of the CPC. The absence of proof of a public trust leads to the dismissal of such suits.
2. The allegations in the plaint are these; There existed an old public Math situate in village Agthara Narayanpur, Pargana Birhar, Tahsil Tanda district Faizabad. Within the Math there is a public temple in which are installed the "Deities" of Shri Sitaram Ji Maharaj and Hanuman Ji etc. For the upkeep of the Math and maintenance of the Seva, Puja, Utsav and Samaiya of the said deities, over and above the seasonal contributions of the produce of lands, immovable property comprising lands in the villages detailed in Schedules A to E attached to the plaint inclusive of groves detailed in the said Schedules were endowed by the ancestors of the plaintiffs Nos. 1 to 4 to the Math and the deities installed therein. Ever since the endowment which had taken place long before the British period the income and the produce of the said lands and property were used for the aforesaid purpose. Shri Rachpal Giri Virakt Chela of Shri Ram Ratan Giri who was impleaded as defendant No. 1 in the suit was said to have succeeded his Guru Shr
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