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1999 Supreme(MP) 325

N.K.JAIN
United Church of Northern India Trust Asso. – Appellant
Versus
Shantilal – Respondent


Advocates:
A.H. Khan with M.K. Jain for appellant; Vivek Dalal for respondents.

JUDGMENT

1. This Judgment shall govern disposal of both the aforesaid appeals as common questions of law are involved in both these appeals.

2. F.A. No. 51/89 arises out of the judgment and decree dated 15.2.89 passed by District Judge, Ujjain, in Civil Suit No. 5-A/83, while F.A. No. 136/91 arises out of the judgment and decree dated 25.7.91 passed in Civil Suit No. 2-A/80 by the 1st Additional District, Shajapur. Both the suits were filed for recovery of certain immovable properties by the appellant/United Church of Northern India Trust Association, a public trust registered under the Bombay Public Trust Act, 1950 (for short, 'the Act 1950') and having its registered office at Bombay. The suits have been dismissed on certain preliminary grounds. In Civil Suit No. 5-A/83, the Court below has upheld defendant's objection that the suit was not maintainable for want of consent of the Charity Commissioner, Bombay as envisaged under Section 50 of the Act, 1950. In Civil Suit No. 2-A/1980, the Court below besides giving similar finding as aforesaid, has further held that jurisdiction of Civil Court was barred in the matter in view of the provisions of Sections 79 and 80 of the Act, 1950.
















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