1990 Supreme(MP) 703

IN THE HIGH COURT OF MADHYA PRADESH
R.C. LAHOTI, SHACHEENDRA DWIVEDI, JJ.
Murti Govardhan Maharaj - Petitioner
Vs.
Hari Shankar - Respondents
M.P. No. 864 of 1990 (G)
Decided On : 12-11-1990

Headnote:Public Trusts Act, 1951 (M.P.) – S. 32 and 36(1)(b) – institution registered under the M.P. Societies Registration Act, 1959 – bar to file suit ceases to apply by virtue of S. 36(1)(b).

        Short Note

       1. The plaintiff/petitioner instituted a suit for ejectment of the tenant based on landlord – tenant relationship. In the written statement, an objection was taken that plaintiff being a public trust within the meaning of section 2(4) of M.P. Public Trusts Act, 1951, the suit could not be heard and decided for want of registration of the plaintiff as a public trust in view of section 32 of M.P. Public Trusts Act, 1951. This was the order passed by the trial Court on 28.8.1981. Subsequent to the passing of the order, the plaintiff, claiming itself to be a society, got itself registered under M.P. Societies Registration Act, 1959. The Registrar of Societies issued a certificate Annexure P. 4 on 15.5.1985. The factum of registration was incorporated as an averment in the plaint by amending para 1 of the plaint in the year 1985. Thereafter, the trial Court resumed the hearing of the suit. The tenant/defendants took up a revision and the revision Court held that unless and until the earlier order of the trial Court dated 28.8.81 requiring the plaintiff to be registered as a public trust was carried out, the suit could not proceed.

       Held : Having heard the learned counsel for the parties, we have formed an opinion that the learned District Judge was not justified in taking the view which he did, vide order dated 21.12.1985 (Annexure P. 6).

       2. It is well settled by series of pronouncements of this Court (See Vaishnay Sahayak Kapada Market Committee v. Ramlal Punamchand Solanki – 1973 JLJ – SN 57; Shankersingh v. S.S. Shravhashram – 1970 JLJ 465; Shri Nabhi nandan Digamber Jain Hitopdeshini Sabhha v. Rameshechand – 1983 JLJ 469 and Digamber Jain Hitopadeshini Sabha, Bina and another v. Narendra Kumar Bhukharia and others – 1990 MPLJ 55), when an institution has been registered as a society under the Societies Registration Act, 1959, by virtue of provisions contained in section 36(1)(b) of M.P. Public Trusts Act, 1951, the provisions of the Public Trusts Act ceased to apply and the institution is exempted from the operation of the Public Trusts Act including those contained in section 32 thereof.

       3. The order dated 21.12.1988 passed in C.R. No. 6/88 by First Addl. Judge to the Court of Distt. Judge, Gwalior is quashed as suffering from an illegality in the manner of exercise of jurisdiction. The plaintiff having been registered as a society there remains no bar to the suit being heard and decided on merits. The trial Court is directed to proceed with the hearing of the suit expeditiously. Petition allowed.