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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ROHIT RANJAN AGARWAL
Ashok Raghav – Appellant
Versus
Krishna Janam Sewa Sansthan – Respondent
JUDGMENT :
ROHIT RANJAN AGARWAL, J.
1. These three connected writ petitions have been filed under Article 227 of Constitution of India assailing the order passed by court below in eviction proceeding initiated by plaintiff-respondent.
2. Matters under Article 227 No. 11338 of 2025 has been filed questioning the legality of judgment and order dated 31.08.2012 passed by Judge Small Cause Court/Civil Judge (Junior Division), Mathura in S.C.C. Suit No. 26 of 2001 and order dated 30.08.2025 passed by Additional District Judge, Court No. 1, Mathura in S.C.C. Revision No. 37 of 2012.
3. Matters under Article 227 No. 1903 of 2015 has been filed challenging the judgment and order dated 12.03.2015 passed by Additional District Judge, Court No. 8, Mathura remitting the matter back to lower revisional court to decide revision afresh in light of observation made in the order impugned.
4. Matters under Article 227 No. 2081 of 2015 also questions the legality of order dated 12.03.2015 passed by Additional District Judge, Court No. 8, Mathura remitting back the matter to trial court to decide afresh.
5. Counsels appearing in all the three matters representing different parties consented that matter be h
The court affirmed that the society is a public charitable institution exempt from the U.P. Urban Buildings Act, and upheld the Secretary's authority to litigate on behalf of the society.
The court upheld the trial court's finding that the landlord was a charitable trust exempt from eviction laws, affirming that previous judgments establishing legal character are relevant.
The court affirmed that findings of legal character regarding institutions must adhere to established court rulings and cannot be ignored in summary proceedings.
A public trust registered as a society under the Tamil Nadu Societies Registration Act can still be managed under Section 92 of the CPC, allowing civil court intervention for breach of trust allegati....
Section 2(13) of the Trusts Act when the petitioner Society is registered under the Societies Registration Act and the same is registered for charitable purposes, it is deemed to be a charitable Trus....
The suit under Section 92 of the CPC is maintainable as the Sabha is deemed a public Trust, enabling remedial actions against mismanagement despite being registered as a Society.
A public trust registered under the Bombay Public Trust Act, 1850 is competent to enter into a contract and can become a member of a co-operative society, subject to the provisions of the Gujarat Co-....
The court ruled that the trust in question was a private trust, rejecting claims of it being a public charitable trust, and upheld the applicability of the U.P. Urban Buildings Act.
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