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SUNITA YADAV
Trimurti Charitable Public Trust – Appellant
Versus
Muni Kumar Razdan – Respondent
JUDGMENT
1. The present appeal has been preferred by the appellant under section 96 of Civil Procedure Code (for brevity, CPC) assailing the judgment and decree dated 12.3.2018 passed by VI Additional District Judge, District Gwalior in civil Suit No. 14-A/2014, by which, the civil suit for declaration of title, permanent injuction as well as cancellation of order of Registrar Public Trust dated 10.11.99 filed by respondent No.-1/plaintiff Muni Kumar Razdan was decreed.
2. For the sake of convinience the respondent No.-1 will be addressed as the plaintiff and the appellants and respondents No.-2 and 3 will be addressed as the defendants hereinafter.
3. It is not disputed between the parties that plaintiff Muni Kumar and Chaitanya Kumar (since dead) were real brothers. Dr. Maharaj Narayan Razdan was the father and Khemrani Razdan was the mother of plaintiff Muni Kumar and his brother Chaitanya Kumar. Dr. Maharaj Narayan Razdan died on 28.10.99 and Chaitanya Kumar died on 4.7.99. Khemrani Razdan died before the death of her husband Maharaj Narayan.
4. Brief facts of the case leading to filing of this appeal are that the plaintiff filed this civil suit seeking declaration to the effect th
The main legal point established in the judgment is that the plaintiff failed to prove his title over the suit property and the suit was not maintainable as per the provisions of the Chhattisgarh Pub....
Properties held in trust cannot be claimed as personal property of a trustee; relevant decrees regarding management are binding on all parties.
The main legal point established in the judgment is that the suit was maintainable under the Indian Trusts Act, as the defendant failed to prove the absence of a jural relationship between the partie....
Trust properties cannot be alienated by a trustee without specific authority, and mere revenue entries do not confer ownership rights against trust interests.
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