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1969 Supreme(MP) 3

A.P.SEN
DEO PARASNATHJI MOUSUMA GHANSHYAM BUDHU SINGHAI – Appellant
Versus
FIRM KANHAIYALAL KOMALCHAND GODRE – Respondent


Advocates Appeared:
S.K.SETH, Y.S.Dharmadhikari,

JUDGMENT :

( 1. ) THIS revision under section 115 of the Code of Civil Procedure filed by the plaintiff-trust Shri Deo Parashnathji at Sagar is directed against an order of the Second Additional District Judge, Sagar, dated 4th August 1967, holding that it had not been duly registered as a public Trust under the madhya Pradesh Public Trusts Act, 1951 and directing in terms of section 32 (1)thereof that the proceedings in suit shall remain stayed until the trust gets itself duly registered as such,

( 2. ) THE material facts are these. The parties admittedly stand in the relation of landlord and tenant. The plaintiff sued for ejectment of the defendant from a house belonging to the trust, alleging itself to have been registered as a public trust. The defendant, however, pleaded section 32 (1) as a bar to the tenability of the suit, on the ground that the trust had not been validly registered. The Minutes of the proceedings, Ex. P-11, show that the application under section 4 for its registration as a public trust had been entertained by the Deputy Commissioner, Sagar as the Registrar of Public Trusts and forwarded for enquiry and report to the Additional Deputy Commissioner, Sagar. In























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