MAHARASHTRA SHETKARI SEVA MANDAL Vs. BHAURAO BAYAJI GARUD

JUDGEMENT

(1.) The applicant is aggrieved by the decision of the trial Court by which the objection raised by it regarding the maintainability of the suit and the jurisdiction of the Court was rejected. The impugned order has been passed on 16.7.2008 by the Civil Judge, Junior Division, Manmad City.

(2.) Regular Civil Suit No.23 of 2008 was filed by the respondent/plaintiff for a perpetual injunction and for a declaration. An application for interim relief by way of temporary injunction was also preferred by the plaintiff. The plaintiff contended that in the year 1971, he had permitted the applicant/defendant trust to use his land admeasuring 4 ares. According to the plaintiff this land was part of his ancestral land and he had permitted the trust to use the land because of the good work carried on by the trust for the farmers' benefit. The applicant constructed a godown on this plot of land which was being used by the agriculturists for storing agricultural produce. It appears that the farmers discontinued using the godown for storing agricultural produce and on the request of the plaintiff one of the trustees returned the land to the plaintiff alongwith the godown standing thereon. The plaintiff then found that the trustees were obstructing his possession of the suit property and therefore apprehending that he would be dispossessed the plaintiff filed the aforesaid suit in June 2008.

(3.) The applicant trust defended the suit and contended that the suit was not maintainable and that the civil Court had no jurisdiction to entertain the suit in view of the provisions of sections 50, 51 and 80 of the Bombay Public Trust Act. Preliminary issues were framed on the application made by the applicant trust u/s 9A of the CPC. These issues were answered in favour of the respondent-defendant and hence, the present civil revision application.