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SUNITA YADAV
Prakashveer Sharma – Appellant
Versus
Murti Shri Dwarka Dheesh Maharaj, Morar, Gwalior – Respondent
JUDGMENT
1. Present first appeal has been filed under section 96 CPC against the judgment and decree dated 15.5.2002 passed by Third Additional District Judge, Gwalior in Civil Suit No. 85A/1994, whereby civil suit filed by the respondent/plaintiff for declaration and permanent injunction has been decreed.
2. The facts in brief to decide the present appeal are that a civil suit was filed by deity through the Society registered under M.P. Societies Registration Act, 1973 (hereinafter referred to as the society). It is the case of the plaintiff that one temple in the name of Murti Shri Dwarikadheesh Ji Maharaj is situated on Gandhi Road, Morar, Gwalior. The deity is situated in a very big compound and the temple consists of residential portion and shops. As per plaintiff, the temple is being managed by one committee which is registered as Murti Shri Dwarikadheesh Ji Maharaj and which was registered on 24.4.1980. It is pleaded by the plaintiff that the temple was constructed prior to 100 years of filing of suit by Seth Kanhaiyalal Khandelwal. The main temple also consist of statue of various other gods and goddesses. During the life time of Seth Kanhaiyalal, the affairs of the temple we
The main legal point established in the judgment is that the determination of whether a trust is public or private depends on the intention of the donors and the nature of the beneficiaries. The cour....
The court emphasized that the burden of proof regarding the trust's classification and maintainability lies with the plaintiffs, especially under Section 29 of the Rajasthan Public Trust Act, 1959.
A society must substantiate ownership to claim exemption under the Trust Act; the absence of title negates jurisdiction to register the public trust.
The court emphasized the necessity of establishing a clear and substantive interest and status of representation in public trust matters under Section 92 CPC to qualify for leave to sue.
The main legal point established in the judgment is that the Civil Court had no jurisdiction to entertain the suit as the properties were registered as Trust property under the Bombay Public Trust Ac....
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