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UMESH CHANDRA SHARMA
Meena Devi – Appellant
Versus
Babu Ram – Respondent
JUDGMENT :
UMESH CHANDRA SHARMA, J.
1. This civil revision has been instituted against the order dated 15.9.2016 passed by Additional District and Sessions Judge/Fast Track Court, Court No. 2, Kannauj, in Original Suit No. 01 of 2014, Smt. Meena Devi vs. Babu Ram.
2. By the impugned order, the learned Court below allowed the application 25 C2 and directed the plaintiff to implead the applicants as defendants.
3. In brief, facts of the case are that Meena Devi filed an original suit no. 1 of 2014 under Section 74 of the Indian Trust Act in the Court of District and Sessions Judge Kannauj stating therein that one Ram Prasad, who was the trustee and occupant of the properties A, B and C mentioned in the foot of the plaint, constructed a Shiv Mandir in village Balarpur, District Kannuaj, over the land of list “A” which was known as Mahadev Mandir. He also constructed Thakur Gi Temple and some other temples over the land of list B and vested the land of list “C” for the maintenance of temples made over the land of list A & B. He also constructed one room in the plot A & B. In this regard he executed a deed on 2.12.1959 and appointed Swami Ram Charan disciple Bhagwandas as the Sarvarakar (pr
The position of Sarvarakar is not inheritable and requires legal appointment, especially under established public trust regulations.
The main legal point established in the judgment is the requirement for a person interested in a Public Trust to challenge the finding of the Registrar and the necessity of a notice under Section 80 ....
The main legal point established in the judgment is the exemption of a society registered under the M.P. Societies Registration Act from the provisions of the M.P. Public Trust Act under Sec. 36 (1-b....
The court affirmed that interested persons in public trust matters have the right to join proceedings, and the concept of abatement does not apply, ensuring that inquiries can continue effectively.
The court clarifies the principles governing the impleadment of parties in trust management disputes, emphasizing necessity and relevance for effective adjudication.
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