KASTURMAL DALSUKH DHARMASHALA Vs. SHANTIDEVI LAXMINARAYAN AGRAWAL

JUDGEMENT

(1.) THE present appeal is heard finally at the stage of admission with the consent of learned Counsel. The record and proceedings are also received.

(2.) THE only issue involved in the present appeal is about the jurisdiction of the District Court, to try and entertain the suit for declaration of ownership and recovery of possession in view of sections 79 and 80 of the Bombay Public Trust Act (hereinafter referred to as the "B.P.T. Act" for the sake of brevity).

(3.) SHRI S.P. Shah, the learned Counsel for the plaintiffs /appellants submits that the suit was filed for possession and declaration of ownership after seeking necessary sanction from the Charity Commissioner under section 51 of the B.P.T. Act. The said suit was perfectly maintainable within the meaning of section 50 of the B.P.T. Act. According to the learned Counsel, suit was instituted before the District Court as is contemplated under section 2(4) of the B.P.T. Act. The suit of the plaintiffs was perfectly maintainable as per section 50(iv) (a), (p) and (q).