( 1. ) THIS order will dispose of two writ petitions, they being writ petitions No. 3623 and 10326 of 2007. In both the writ petitions, the petitioner challenges the order dated 13. 2. 2007 passed by the Registrar, Public Trust, Damoh in Revenue Case No. 3-B/113 (1)/2002-2003, wherein the Registrar declared the disciples of Christ Church, Committee, Damoh as Public Trust.

( 2. ) PETITIONER-JULIOUS Prasad of W. P. No. 3623 of 2007 is the Secretary of disciples of Christ Church, Committee, Damoh (MP.) which is affiliated to indian Church Council Disciples of Christ, a society registered under the M. P. Societies Registrikaran Adhiniyam, 1959, having Registration No. 286. The entire affairs of the Society are being managed by the Council. It consists of nine members who are known as elders , who have been managing the affairs of the church. Somewhere in the 1895 the Church was constructed on Nazul Sheet no. 41, Plot No. 86 situated at Damoh. As per revenue record, out of total area of 3. 82 acres, an area of 2. 48 acre was recorded in the name of Secretary, Christian missionary Society vide Revenue Case No. 57-7/2 year 1940-41 and an area of 1. 34 acre was recorded in the name of Secretary, Convention of Chru Cnurch. Damoh. On 24. 4. 1973 an application for renewal of lease over the aforementioned area of 3. 82 acre was filed by Indian Church Council Disciples of Christ Church (for short the ICCDC) through Shri Henry Imanual, Chairman, Disciples of Christ church, Damoh. The respondent No. 2 i. e. Collector, Damoh after considering all the objections and after hearing all of them decided the matter of renewal of lease vide order dated 10. 7. 2006 and granted renewal over an area of 1. 32 acre of plot No. 86/2 in favour of Disciples of Christ Church, Damoh.

( 3. ) DURING the pendency of renewal application, there arose a serious dispute with regard to management of Disciples of Christ Church, Damoh. ( 4. ) ON 31. 3. 2003 respondents No. 4 and 5 filed an application under Section 5 of M. P. Public Trust Act, 1951 (for short the Act) before respondent No. 3 and prayed that they belong to Christian community and

they since their ancestors are residents of district Damoh and their community has a Church situated at Motor stand, Railway Station Road, Damoh known as Disciples of Christ Church and prayed that the properties situated at Nazool Sheet No. 41, plot No. 86 having total area 3. 82 acres be declared as a Public Trust. The petitioner and respondent nos. 6, 7 and 8 were impleaded as non-applicant No. 4, non-applicant No. 1, non-applicant No. 2 and non-applicant No. 3. The Registrar issued public notice which was published in the M. P. Gazette and invited objections in Form-TV of Rule 5 (1)of M. P. Public Trust Rules, 1962 (for short the Rules) on 9. 1. 2004 The petitioner and respondents No. 6 to 8 filed their objections and contended that ICCDC is a society of Disciples of Christ Church constituted in the year 1960-61 and is registered under M. P. Societies Registrikaran Adhiniyam, 1959 on 13. 12. 1962 vide registration No. 286/1962 and it is this Society which is managing the affairs of the Church and paying taxes to the local authorities and the provisions of M. P. Public Trust Act is not applicable to it. The petitioner also contended that the affairs and the properties of a registered Society are administered under the registration Adhiniyam and. therefore, a registered Society will fall within the exemption contained in Section 36 (1) (b) of the M. P. Public Trust Act, 1951. With the above they prayed for dismissal of the application.

( 5. ) THE Registrar after considering the oral and documentary evidence came to the conclusion that no evidence has been brought on record substantiating that the respondents No. 4 and 5 are having any title over the property whereas the petitioner and respondents No. 6 to 8 have brought on record the evidence to the effect that Damoh Church Society is part of ICCDC which bears registratio