Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
The scope of Section 22 is limited to correction or challenge of entries in the trust register; it does not extend to disputes over the trust's existence or property rights beyond the entries ["JAY KUMAR KOTHARI AND ANR vs KAILASH CHAND CHOUDHARY AND ORS - Rajasthan"], ["JAY KUMAR KOTHARI AND ANR vs KAILASH CHAND CHOUDHARY AND ORS - Rajasthan"].
Analysis and Conclusion:
References:- ["HARIGOPAL SHARMA Vs. NAVRATAN JOSHI - Rajasthan"]- ["State of Rajasthan VS Aayas Shri Mangal Nath - Rajasthan"]- ["Mehta Charity Trust Pali VS Gulam Rasool - 1985 0 Supreme(Raj) 430"]- ["JAY KUMAR KOTHARI AND ANR vs KAILASH CHAND CHOUDHARY AND ORS - Rajasthan"]- ["Gheesu Dass VS Narsingh Kansara - Rajasthan"]- ["Jay Kumar Kothari VS Kailash Chand Choudhary - 2022 0 Supreme(Raj) 296"]- ["Shri Jin Kushal Guru Prachin Dadawadi Bhaktjan Samiti, Fatehsagar, Jodhpur VS Chetani Vyason Ki Bagichi Neelkanth Mahadev Trust, Jodhpur - Rajasthan"]- ["Mohan Lal (since deceased) through Lrs. VS Thakurji Shri Shyam Sunderji - Rajasthan"]- ["JAY KUMAR KOTHARI AND ANR vs KAILASH CHAND CHOUDHARY AND ORS - Rajasthan"]- ["Laxmi Chand Nath VS Commissioner of Rajasthan, Through Secretary, Devasthan Department - Rajasthan"]
Navigating disputes involving public trusts in Rajasthan can be complex, especially when it comes to challenging entries in the official trust register. A common question arises: in which condition civil suit is maintainable under section 22 of Rajasthan public trust act? This provision under the Rajasthan Public Trusts Act, 1959, offers a specific remedy, but it's not available to everyone. Understanding the conditions for maintainability is crucial for beneficiaries, trustees, and those involved in trust property matters.
In this comprehensive guide, we'll break down the legal requirements, who qualifies to file such a suit, the precise scope of Section 22, and insights from key judicial decisions. Whether you're a beneficiary seeking corrections or someone claiming rights over trust property, this article provides clarity—remember, this is general information and not specific legal advice. Consult a qualified lawyer for your situation.
Section 22 allows for the filing of a civil suit to correct entries made in the register of public trusts under Section 21. This register maintains records of trusts, their properties, and management details. However, the remedy is narrowly tailored.
The main legal finding is clear: A civil suit under Section 22 is maintainable only by persons who have an interest in the public trust or in the trust property that is consistent with the nature of such interest—namely, beneficiaries or those claiming a right to maintain the trust. Persons claiming adverse titles or interests contrary to the trust cannot maintain such a suit for the cancellation of entries under Section 22. Mehta Charity Trust Pali VS Gulam Rasool - 1985 0 Supreme(Raj) 430
This limitation ensures that Section 22 remains a tool for rectification, not a forum for broader ownership battles.
Here are the primary conditions distilled from judicial interpretations:- Interest in the Trust or Property: The plaintiff must be a beneficiary or someone claiming a right to maintain the trust. A person having interest in the public trust or in any property found to be trust property must be considered to be the interest of a beneficiary or of a person who claims a right to maintain the trust or other interest of similar character. Mehta Charity Trust Pali VS Gulam Rasool - 1985 0 Supreme(Raj) 430- No Adverse Claims: Individuals setting up titles against the trust are disqualified. A person claiming a title adverse to the public trust cannot maintain a suit under Section 22. Mehta Charity Trust Pali VS Gulam Rasool - 1985 0 Supreme(Raj) 430- Limited to Entry Corrections: The suit targets inaccuracies in the Section 21 register only. Jay Kumar Kothari VS Kailash Chand Choudhary - 2022 0 Supreme(Raj) 296
To maintain a suit, the claimant's interest must align with the trust's objectives. Courts scrutinize this closely. For instance, in a pivotal ruling, the court clarified that only those with a similar interest can proceed, excluding adversaries. Mehta Charity Trust Pali VS Gulam Rasool - 1985 0 Supreme(Raj) 430
This principle protects the trust's integrity, preventing outsiders from using Section 22 to disrupt records without legitimate standing.
Section 22's purpose is rectification, not resolution of substantive disputes. Section 22 is primarily for the correction of entries in the trust register made under Section 21, and the scope of the remedy is confined to such corrections. Jay Kumar Kothari VS Kailash Chand Choudhary - 2022 0 Supreme(Raj) 296
Judicial precedents reinforce this narrow scope:- In a case challenging trust management entries, the Rajasthan High Court held: The scope of Section 22 of the Rajasthan Public Trust Act, 1959 is limited to the correction of entries in the register of public trusts. The trial court's allowance of an amendment for fresh elections was quashed, as it expanded beyond legislative intent. JAY KUMAR KOTHARI AND ANR vs KAILASH CHAND CHOUDHARY AND ORS- Similarly, another decision emphasized: The scope of a suit under Section 22 of the Rajasthan Public Trust Act, 1959 is limited to the correction of entries made under Section 21 of the Act, which relate to entries in the register. The court cannot expand the scope of the suit beyond the legislative intention. JAY KUMAR KOTHARI AND ANR vs KAILASH CHAND CHOUDHARY AND ORS
These rulings underscore that consequences of corrections follow automatically—no need for additional prayers that broaden the suit. Jay Kumar Kothari VS Kailash Chand Choudhary - 2022 0 Supreme(Raj) 296
Adverse claimants are explicitly barred:- Adverse Title Holders: Those asserting ownership contrary to the trust cannot invoke Section 22. Mehta Charity Trust Pali VS Gulam Rasool - 1985 0 Supreme(Raj) 430- Unregistered Trusts: While not directly under Section 22, related provisions like Section 29 bar suits by unregistered public trusts claiming rights over trust property. No suit to enforce a right on behalf of a public trust which is required to be registered under this Act but has not been so registered shall be heard or decided in any court. Courts have directed framing preliminary issues on registration before proceeding. Narendra Kumar VS Pushtikar Bhashmeshwar Mahadev Mandir Sewa Sadan Trust - 2019 Supreme(Raj) 182Manohar Lal Jakhodia VS Shambhu Dayal - 2013 Supreme(Raj) 795
In one instance, a suit by an unregistered trust was held barred under Section 29, preventing enforcement of rights. Manohar Lal Jakhodia VS Shambhu Dayal - 2013 Supreme(Raj) 795
Section 22 interacts with other parts of the Act:- Section 21: Basis for register entries.- Section 23: Consequences of corrections.- Section 29: Registration prerequisite for trust-initiated suits, impacting maintainability indirectly. Narendra Kumar VS Pushtikar Bhashmeshwar Mahadev Mandir Sewa Sadan Trust - 2019 Supreme(Raj) 182
Additionally, while Section 92 CPC governs certain public trust suits, it doesn't exclude other remedies like those under the Specific Relief Act. However, for register corrections, Section 22 is the specific avenue. SATISH MOTIANI & ORS. Vs T CHOITHRAM FOUNDATION & ORS. - 2025 Supreme(Online)(Del) 46301
Ownership disputes or adverse possession claims require separate civil suits with documentary proof, not Section 22. Moorti Sankat Mochan Balaji An vs Shri Gangaramji Cheritable Tru - 2025 Supreme(Raj) 1253
Trustees should ensure registration to avoid Section 29 bars. Ram Gopal Sharma VS State of Rajasthan - 2015 Supreme(Raj) 1983
Section 22 provides a targeted mechanism for public trust record corrections in Rajasthan, but strict conditions on standing and scope apply. By aligning with these, eligible parties can effectively rectify errors without venturing into unauthorized territory. Always verify your position with legal counsel, as outcomes depend on specific facts.
This article is for informational purposes only and does not constitute legal advice. Laws and interpretations may evolve; seek professional guidance.
Under the scheme of Rajasthan Public Trust Act, 1959, there is no specific provision to deal with dispute of election in the Trust. ... 7.3 Learned counsel further argued that civil suit is not maintainable in view of Section 22 of the Act, as no final entry under Section 21/23 has yet been made. ... Harigopal Sharma & Ors.), vide which application under Order VII Rule 11 of the Code read with Section 73 of the #....
The language used in Section 92 of the CPC does not suggest the exclusion of a civil suit filed by a Public Charitable Trust under the provisions of the Specific Relief Act, 1963 or any other provision. ... Section 92 does not lay down that with respect to a public charitable trust, only a suit under Section 92 can be filed. Section 92 is not the sole repository of suits filed by or against a #HL_....
It is in this setting that Section 22 of the Act provides for a civil suit against the entries made under Section 21. ... –The question involved in this case is as to whether a person, who objects to a particular property to be the property of a public trust, could maintain a suit relating to that property under Section 22 of the Rajasthan Public Trust Act. ... ....
The petitioner was not precluded from filing a civil suit under Section 22 of the Public Trust Act. ... Public Trust - Property Dispute - Rajasthan Public Trust Act, 1959 - Section 24, Section 21, Section 22 - The court discussed ... 22. ... Dismissal of the writ petition however would not preclude the petitioner from filing civil suit as provided for by Section 22 of the Public Trust Act. ... If....
PUBLIC TRUST - ENTRIES IN REGISTER - CORRECTION - SCOPE - RAJASTHAN PUBLIC TRUST ACT, 1959 - SECTION 22 Fact of the Case ... : The petitioner challenged certain entries in the management of a public trust under Section 22 of the Rajasthan Public Trust ... Issues: Whether the scope of Section 22 of the Rajasthan Public Trust Act, 1959 extends beyond the correction of entries in ... is under Section 22 of the Rajasthan P....
PUBLIC TRUST - ENTRIES IN REGISTER - CORRECTION - SUIT FOR - SCOPE - SECTION 22 OF THE RAJASTHAN PUBLIC TRUST ACT, 1959 - The ... scope of a suit under Section 22 of the Rajasthan Public Trust Act, 1959 is limited to the correction of entries made under Section ... Fact of the Case: The petitioner challenged certain entries in the register of a public trust under Section 22 of the ... is under Section 22 of the Rajasthan #HL_STA....
Fact of the Case: The plaintiffs filed a suit under Section 22 of the Rajasthan Public Trust Act, 1959 for cancellation ... Issues: Whether a person claiming a title adverse to the public trust can maintain a suit under Section 22 of the Rajasthan ... Final Decision: The court held that the suit filed by the plaintiffs was not maintainable under Section 22 of the Rajasthan ... It appears that the defendant No. 1 the Mehta Charity Trust got the aforesaid #HL_START....
22 of the Rajasthan Public Trust Act, 1959 - petitions are allowed ... 22 of Rajasthan Public Trust Act, 1959 - Assistant Commissioner shall cause entries to be made in register in accordance with the ... suit against entries - Bone of contention is management of a public trust, in which certain entries have been challenged under Section ... Sec. 22 - Civil suit against entries made under section 21: 1. ... This Court after looking into peculiar facts of the case an....
The High Court found that the plaintiff trust had not filed a suit under Section 22 of the Act within six months of the entry of ... The plaintiff trust had not filed a suit under Section 22 of the Act within six months of the entry of the disputed property in the ... 22 OF THE ACT - INADMISSIBLE. ... a public trust, it cannot be adjudicated upon by the civil Court except a civil suit filed in the prescribed manner....
suit in the civil court under Section 22 (1) of the Public Trusts Act and the learned Commissioner of Devasthan Department could Rajasthan Public Trusts Act and that is the only limited avenue court entertaining the suit under Section 22 of the Public Trusts Act span ... prescribed manner and limitation under Section 22 of the Rajasth....
6. Whether on account of non registration of plaintiff trust under Rajasthan Public Trust Act, the suit was not maintainable? 7. Whether on account of non impleading all the trustees as a party, the suit was not maintainable? 5. Whether plaintiffs are entitled to get possession of disputed plots, house, shop and Balaji ka Mand from defendant? 8. Whether on account of not having possession by the plaintiff and his predecessor over the disputed property for twelve years prior to filing of the present suit, the suit was not maintainable?
Firstly, making submissions regarding the requirement of registration, learned counsel contended that registration of the trust is sine quo non for the institution of a suit by a Trust and no suit filed by a trust can proceed sans its registration. Inviting attention of the Court towards Section 29 of the Rajasthan Public Trust Act, 1959, he submitted that there is a complete bar on maintainability of the suit by a trust in relation to trust property, if the Trust is not registered.
In view of this specific remedy we are not inclined to entertain this writ petition. In our opinion u/s 22 of the Rajasthan Public Trust Act, 1959 the petitioner has a remedy of filling a suit against this before the competent court. Jh jkexksiky us jktLFkku mPp U;k;ky; esa Mh0ch0 flfoy fjV ihVh'ku ua0 2989@87 esa izLrqr dks ftldk fu.kZ; fnukad 09-12-1987 dks gqvk ftlesa fu.kZ; fn;k fdA
6. The contention of the respondents is that property is their ancestral property, it does not belong to charitable trust. Section 29 of the Rajasthan Public Trust which reads as follows: "Bar against suits by unregistered trust.- (1) No suit to enforce a right on behalf of a public trust which is required to be registered under this Act but has not been so registered shall be heard or decided in any court." Furthermore, their contention is that looking to the bar under section 29 of the Rajasthan Public Trust Act, unregistered trust cannot initiate a suit.
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