K.S. PAPACHAN Vs. RENEWAL RETREAT CENTRE TRUST

JUDGEMENT

(1.) The petitioner has filed this petition under Section 9 of the Religious Societies Act, 1880 praying the Court to give its opinion on certain points.

(2.) The respondents 1 and 11 to 14 have raised a preliminary objection contending that the petition is not maintainable. Section 1 of the Religious Societies Act, 1880, excludes the applicability of the Religious Societies Act, 1880 to the territories which were part of erstwhile Part B States immediately before 1.11.1956. The first respondent is situated within the territorial limits of Bangalore City which was part of Mysore state which was one of the Part B States. Therefore, the petitioner is not maintainable.

(3.) The learned counsel for the petitioner contended that in view of Adaptation of Laws Orders, the provisions of the Religious Societies Act, 1880 are applicable to the whole of India and therefore, the petition is maintainable. He also submitted that by virtue of Adaptation of Laws Orders and substitution made to Section 1 of the Religious Societies, 1880 it is applicable to whole of India. He also invited my attention to the amendment made to Transfer of Property Act. Therefore, he submitted that the Religious Societies Act, 1880 is applicable to whole of India and therefore, the petition is maintainable.