SAHADEO DHAKU GHADIGAONKAR Vs. VASUDEO MAHADEO SAWANT

JUDGEMENT

(1.) The short question that rises in this revision application is whether the Civil Court has jurisdiction to entertain the suit filed by the petitioners against the respondent, having regard to the provisions of section 50 read with section 80 of the Bombay Public Trust Act, 1950. The respondents had raised two preliminary objections to the maintianability of the suit in the trial Court. The first objection raised by the respondents was that the Civil Court had no jurisdiction to entertain the suit, in view of section 50 raised with section 80 of the Bombay Public Trust Act and the second objection raised was that the petitioners suit was not of a civil nature and hence could not be entertained, having regard to the provisions of section 9 of the Code of Civil Procedure. By its order dated October 24, 1977, the trial Court returned the plaint for presentations in proper Court under Rule 10 of Order VII of the Code of Civil Procedure. The petitioner, therefore, preferred an appeal. The learned District Judge also took the view that the suit was not maintainable as sanction of the Charity Commissioner for filling the suit as required by section 50 of the Public Trust Act was not obtained. He also held that the Civil Court had no jurisdiction to try and entertain the suit. It, however, does not appear from the judgment that there is any discussion on the question of jurisdiction of the Civil Court to try the suit. Having thus in concerned with the view taken by the trial Court, the learned District Judge dismissed the appeal and, therefore, the petitioners have filed this revision application.

(2.) On a reading of the plaint I find that the averments therein are somewhat vague. Broadly speaking the case of the petitioners seems to be that there are two families sin the villages viz. Ghadigaonkars and Sawants. The petitioners who belong to the Ghadigaonkars family filed the suit in a representative capacity against the respondent who are Sawants. It is common ground that the petitioners claim to be beneficiaries in respect of certain properties belonging to temples mentioned in the plaint which is a public trust. It is averred in the plaint that the family of Ghadigaonkar has the right to perform the usual ceremonies such as Pooja, Archa and also has the right to offer to the deity and also has the right to the possession and enjoyment of Devasthan properties viz. Survey Nos. 3, 4 and 87. The averments in the plaint further show that it is the case of the petitioners that the Sawants family enjoyed similar rights in respect of other Devasthan properties and they have no right to interfere with the rights of the petitioners in respect of Devasthan properties and the temples mentioned in the plaint.

(3.) Now, turning to section 50 of the Bombay Public Trusts Act, we are concerned with Clause (iv) read with Clauses (a) and (p). Section 50 is so far as it is relevant for the purpose runs thus;