DURGA CARRIERS PVT. LTD. Vs. DINESH CHANDRA KHARE

JUDGEMENT

(1.) In both these civil revisions, common questions of facts and law are involved, therefore, they are heard together and disposed of by this common order.

(2.) The facts of the case are as under:-

(3.) Mr. Bajaj, the learned counsel appearing for the applicant/defendant No. 3 argued that as per Sec. 32 of the Act of 1951, no suit to enforce a right on behalf of a public trust which has not been registered under this Act shall be heard or decided in any Court. He further argued that the plaintiff has not disputed the fact that it is a society defined under Sec. 2(4) of the Act of 1951 and comes within the purview of Public Trust. He also argued that the learned Trial Court failed to appreciate the object of Sec. 32 of the Act of 1951 and in the absence of registration within the State of Chhattisgarh, there would be no control over such society or trust. He submitted that there is a similar provision in the Maharashtra Public Trusts Act, 1950 (for short the 'Act of 1950') under Sec. 31 which creates a bar to hear or decide suits. He further submitted that Sec. 31(1) of the Act of 1950 says that no suit to enforce a right on behalf of a public trust which has not been registered under this Act shall be heard or decided [in any court]. He referred to the judgment passed by the High Court of Bombay in the matter of Shri Dnyaneshwar Madhuradwait Sampradayik Mandal, Amravati Vs. Charity Commissioner, Bombay and another, 1980 SCC Online Bom 120 wherein the definition of 'public trust' was considered and it was held that the "public trust" means an express or constructive trust for either a public, religious or charitable purpose or both and includes a temple, a math, a wakf, church, synagogue, agiary or other places of public religious worship, a dharmada or any other religious or charitable endowment and a society formed either for a religious or charitable purpose or for both and registered under the Societies Registration Act, 1860. It is further held that in the case of a society registered under the Societies Registration Act if its object is either religious or charitable or both will itself render such a society a 'public trust' within the meaning of the definition. He stated that from a bare perusal of the memorandum of the Association of Plaintiff Society, it is apparent that it is a religious and charitable trust registered as a society.