The Registrar of Public Trusts has exclusive jurisdiction to inquire into the question of whether a trust is public or private and whether any property is the property of the public trust. A civil suit can only be instituted under Section 8 of the Act after findings have been recorded by the Registrar.

R.C. Lahoti, J.

1. The plaintiff/appellants have come up in appeal aggrieved by the judgments and decrees of the Courts below directing a suit for declaration and issuance of permanent preventive injunction to be dismissed as permature.

2. There is a temple situated at Datia adorned by the idol of Lord Hanumanji. Proceedings for registration of the temple as public trust have been initiated by the Registrar of Public Trusts, Datia, registered as 1/113-B/74-75. The proceedings have just been commenced and are yet pending. The plaintiffs filed a suit alleging that the temple and the building constituting the temple were all private properties of the plaintiffs and hence the Registrar of Public Trusts did not have jurisdiction either to register it as public trust or to interfere with the management thereof. In the written statement all the material plaint averments were denied and it was also submitted that the suit was premature. The plea of the defendant has prevailed with the Courts below.

3. Vide order dated 7-10-1983, this Court admitted the appeal for hearing parties on the following substantial questions of law :

(1) Whether Registrar, Public Trusts has jurisdiction to decide the questions as to whether the property belongs to a private individual and is not the subject matter of any trust at all?

(2) Whether a person who opposes the existence of trust, can file objections before the Registrar under Section 5 of the Act?

(3) Whether a person who disputes the existence of trust or particular property, belongs to the Trust, can institute suit under Section 8 of the M.P. Public Trusts Act?

(4) Whether under the facts and circumstances of the case, the suit of the appellants is premature?

4. It is not disputed that the plaintiffs are the objectors before the Registrar of Public Trusts.

5. It would be necessary to examine the scheme of Madhya Pradesh Public Trusts Act, 1951, whereunder the Registrar is proceeding. Section 4 provides for compulsory registration of all public trusts. The inquiry for registration in proceedings initiated on an application or suo motu by the Registrar contemplates an inquiry being made on the following points, inter alia :

(i) whether trust is a public trust;

(ii) whether any property is the property of the trust. (See Section 5)

The inquiry is to be conducted after public notice affording an opportunity of hearing to all the persons interested and objectors. On completion of the inquiry, findings with reasons must be recorded by the Registrar on all the points referred to in Section 5. Section 8 provides :

"8. Civil suit against the finding of the Registrar. -- (1) Any working trustee or person having interest in a public trust or any property found to be trust property, aggrieved by any finding of the Registrar under Section 6 may, within six months, from the date of the publication of the notice under Sub-section (1) of Section 7, institute a suit in a civil Court to have such finding set aside or modified.

(2) In every such suit, the civil Court shall give notice to the State Government through the Registrar, and the State Government if it so desires, shall be made a party to the suit.

(3) On the final decision of the suit, the Registrar, shall, if necessary, correct the entries made in the register in accordance with such decision."

6. It is thus clear that whether the trust is a public trust and whether any property is the property of the public trust are subject-matters of inquiry before a statutory authority. That authority does have exclusive jurisdiction, though summary in nature, to adjudicate upon the points contemplated by Section 5 of the Act. It is only when findings have been recorded by the Registrar anyone aggrieved has the remedy of instituting a civil suit under Section 8 of the Act.

7. A Full Bench of the Allahabad High Court in Faith Singh and Ors. v. Gopal Narain Singh and Ors., AIR 1925 All. 637 held :

"Where a suit is filed before a Civil court for a declaration the effect of which,