MAROTI Vs. TULSIRAM

JUDGEMENT

(1.) Substitution allowed.

(2.) This appeal by special leave arises from the judgment and decree of the Single Judge of the High court of Bombay at Nagpur bench in SA No. 329 of 1967 made on 11/9/1979. The respondent Tulsiram Jagannath Sajo, as a Managing Trustee of Hanuman Deosthan, New Shukrawari, Nagpur, laid CS No. 732 of 1961 in the court of Fourth Joint Civil Judge, Junior Division, Nagpur, for possession. The suit was decreed but, on appeal, that decree was set aside and in the second appeal, the decree of the appellate court was reversed and that of the trial court was restored. Thus, this appeal by special leave.

(3.) The facts found by the High court were that one Matadin was the Managing Trustee till 1921 and on his demise, his son Kanhaiyalal managed the suit property as the Trustee till 1950. Thereafter, the plaintiff assumed the management of the Trust as Managing Trustee. The defendant entered the suit property as a tenant of the Trust in 1951. The appellant contends that he purchased the property from one Anandrao Bujade, successor-in-interest of Kanhaiyalal, by a registered sale deed dated 12/1/1961 and, therefore, he being the owner of the property cannot be ejected therefrom. It was also contended that in respect of the Trust property, if the character of the Trust or the nature of the Trust is in dispute, the appropriate proceedings would lie before the Authorities constituted under the Bombay Public Trusts Act, 1950. Though, the trial court had not accepted the case of the appellant, the appellate court had accepted that the suit did not lie as the dispute relates to the property of the Trust.