CHURCH OF NORTH OF INDIA Vs. LAVAJIBHAI RATANJIBHAI

JUDGEMENT

(1.) The extent of bar of jurisdiction of civil court under Section 80 of the Bombay Public Trusts Act, 1950 (hereinafter referred to as 'the BPT Act') is the question involved in this appeal which arises out of a judgment and order dated 21. 03.2003 passed by the High Court of Gujarat at Ahmedabad in S. A. No. 303 of 1986. background FACT:

(2.) The basic fact of the matter is not much in dispute.

(3.) Mr. C. A. Sundaram, the learned senior counsel appearing on behalf of the appellant would submit that the Court of First appeal as also the High Court committed a manifest error in passing the impugned judgments insofar they failed to take into consideration the scope and purport of the suit. According to the learned counsel, the learned trial judge had rightly decreed the suit having taken into consideration the fact that the matter relating to formation of churches and their merger in the name of the CNI was not a matter which could be determined by the Charity Commissioner in exercise of his powers under the BPT act. The learned counsel would contend that the society and the trust are two separate entities. The society being not a juristic person although cannot own any property but manage the affairs of the trust which would be the owner of the property. According to the learned counsel the Court of First Appeal and the High Court misdirected themselves in passing the impugned judgments insofar as they proceeded on the premise that having regard to the fact that properties belonging to the Brethren church were registered in the books maintained by the Charity Commissioner under section 17 of the Act, any church affected thereby would fall within his jurisdiction and consequently the dissolution of the society and managing of the churches and consequently their merger would also come within the purview of the provisions of the BPT Act.