MUTHEY ANJA RATNA Vs. EXECUTIVE OFFICER CLAIMING

JUDGEMENT

(1.) Plaintiff is the appellant. This appeal arise out of a suit questioning the validity of certificate issued under Sec. 93 of the Hindu Religious and Charitable Endowments Act.

(2.) The averments in the plaint may be briefly stated: The plaintiff was the hereditary trustee of the group of temples, The Executive Officer was appointed on 17-5-1967 and he was empowered to take over the records and properties from the plaintiff. The plaintiff filed writ petition being writ petition No. 1350/1967 challenging the appointment of Executive Officer and the writ petition was dismissed on 31-12-1969 holding that the plaintiff ceased to have any right on appointment of the Executive Officer. Thereafter pursuant to the certificate issued on 5-10-1970 the Executive Officer filed a petition being Crl. M. P. No. 360/1970 before the Magistrate to direct the plaintiff to deliver properties and records This petition was allowed and the Criminal Revision Case as against the said order at the instance of the plaintiff was dismissed. The present suit is filed questioning the validity of the certificate issued under Sec. 93 of the Act. In the written statement by the Executive Officer it is stated that the certificate is valid and the suit is barred under Sec. 105 Of the Act. The court below held that the suit is barred under Sec. 105 of the Act.

(3.) The learned counsel for the appellant contended that the general bar against the filling of the suits contemplated under Sec. 105 of the. Act does not apply as Sec. 93 (5) lifts such bar in the situation envisaged thereunder. The learned counsel for the respondent contended that Sec. 93 (5) is confined to the suits pertaining to title to the properties referred to in the certificate and as the title is not in issue Sec. 105 ia applicable.