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1999 Supreme(MP) 325
1999 (2) JLJ 412
N.K. Jain, J.
United Church of Northern India Trust Asso. v. Shantilal and others
F.A. No. 51 of 1989; against the judgment and decree passed by District
Judge, Ujjain, in Civil Suit No. 5-A of 1983; Decided on 29.4.1999.
A.H. Khan with M.K. Jain for appellant; Vivek Dalal for respondents.
Headnote:(1) Public Trusts Act, 1961 (M.P.) -- S. 1 -- public trust registered outside the State of MP. -- having its property in MP. State -- it will be governed by the Act under which it is registered -- provisions of M.P. Act will not apply. 1968 JLJ 891 relied on. [Para 5]
(2) Public Trusts Act, 1950 (Bombay) -- Ss. 50 and 51 -- civil suit for recovery of trust property situating in Madhya Pradesh -- is maintainable subject to compliance under -- suit not brought by charity commissioner or with his permission -- not maintainable. AIR 1960 Guj. 161 distinguished. [Paras 6 to 9]
(3) Public Trusts Act, 1950 (Bombay) -- Ss. 79 and 80 -- dispute not falling under these provisions -- civil suit is not hit. [Para 12]
¼1½ yksd U;kl vf/kfu;e] 1951 ¼e-iz-½ && /kkjk 1 && yksd U;kl e-iz- jkT; ls ckgj jftLVªhd`r && mldh laifÙk e-iz- jkT; esa && ml fof/k }kjk ‘kkflr gksxk ftlds v/khu og jftLVªhd`r gS && e-iz- vf/kfu;e ds mica/k ykxw ugha gksaxsA 1968 ts ,y ts 891 voyafcrA ¿ iSjk 5
¼2½ yksd U;kl vf/kfu;e] 1950 ¼cacbZ½ && /kkjk 50 rFkk 51 && e/; izns‘k esa fLFkr U;kl laifÙk ds izR;q)dj.k ds fy, flfoy okn && bu mica/kksa ds vuqikyu ds v/;/khu pyus ;ksX; gS && okn iwrZ vk;qDr }kjk vFkok mldh vuqKk ls ugha yk;k x;k && pyus ;ksX; ughaA , vkb vkj 1960 xqtjkr 161 izHksfnrA ¿ iSjk 6 ls 9
¼3½ yksd U;kl vf/kfu;e] 1950 ¼cacbZ½ && /kkjk 79 rFkk 80 && fookn bu mica/kksa ds v/khu vkus okyk ugha && flfoy okn vkgr ugha vkrkA ¿ iSjk 12
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.
3. So, the questions requiring determination in these appeals are One whether consent of the Charity Commissioner Bombay as envisaged u/S. 50 of the Act, 1950 as required for instituting the suits and Two: whether jurisdiction of Civil Court was barred in the matter in view of the provisions of Ss. 79 and 80 of the Act, 1950.
4. I have heard Shri A.H. Khan and Shri M.K. Jain, learned counsel for the appellants and Shri Vivek Dalal, learned counsel for the respondents.
5. Before taking up the aforesaid questions, appellants' objection as to the applicability of the Bombay Act, 1950 to the present suits requires to be disposed of. It is, contended that the Act, 1950 is applicable to the States of Maharashtra and Gujarat only and since the properties in question are situated in Madhya Pradesh, the provisions of the Act are not applicable to the present suits. The contention, I am afraid, cannot be sustained. It is true that the properties in dispute in these suits are situated in Madhya Pradesh, nevertheless, as per plaintiffs' own showing the properties belonged to the plaintiff/trust, having it's registered office at Bombay and registered under the Bombay Public Trust Act, 1950, all rights and liabilities of the plaintiff/trust shall, therefore, be governed by the provisions of the Act, 1950. While the suit to enforce any right in the suit property situated in M.P., can certainly be instituted by or against the plaintiff/trust in MP, but the same has to be regulated in accordance with the provisions of the Act, 1950. As held in Rameshwar (1968 JLJ 891), the provisions of M.P. Public Trust shall not apply to such trusts having their origin outside the State. Obviously they shall be governed by the Acts of their respective States.
6. Now coming to the question of consent by the Charity Commissioner Bombay, it will be useful here to read relevant clauses of Sec. 50 of the Act of 1950 which deals with the suit by or against or relating to public trust or trustees or others. Relevant clauses are thus, as follows:
"50. In any case -- (i) .....
(ii) where a direction or decree is required to recover the possession of or to follow a property belonging or alleged to be belonging to a public trust or the proceeds thereof or for an account of such property or proceeds from a trustee, ex-trustee, alience, trespasser or any other person including a person holding adversely to the public trust but not a tenant or licensee;
(iii) .....
(iv) for any declaration or injunction in favour of or against a public trust or trustee or beneficiary thereof, the Charity Commissioner after making such enquiry as he thinks necessary, or two or more persons having an interest in case the suit is under sub-clauses (i) to (iii), or one or more such persons in case the suit is under sub-cla
