BHURALAL Vs. KAILASHCHAND

JUDGEMENT

(1.) This revision is directed against the order dated 29-1-1980, whereby the trial Judge has ordered stay of trial of the suit under Section 32 of the Madhya Pradesb Public Trust Act, 1951 and has also stayed consideration of the application for issuance of a temporary injunction and/or appointment of receiver.

(2.) No exhaustive statement of facts is necessary for the decision of this revision. Suffice it to state that the revision-applicants-herein have brought the suit for declaration of title and issuance of a permanent injunction against the defendant-non-applicants on cause of action laid in detail in the plaint. In the suit the applicants submitted two applications (1) for issuance of a temporary injunction for restraining the defendant-non-applicants 2 to 5 from paying rent to defendant-non-applicant No. 1 and (2) for appointment of receiver for collection of the rent of the property in dispute. This application was opposed by the defendant No. 1 inter alia on the grounds that the Court has no jurisdiction to proceed with the suit in view of the bar enacted by Section 32 of the Madhya Pradesh Public Trust Act, 1951 (for short, the Act) and for the same reason the Court has no jurisdiction to pass any order on any application for grant of temporary injunction and/or appointment of receiver.

(3.) The trial Court by the impugned order directed stay of the suit holding that the suit is for and on behalf of a public trust. Accordingly Section 32 of the Act precludes hearing and decision of the suit as also stay of hearing of the application for grant of temporary injunction and/or appointment of receiver. The present revision is directed against that part of the order, which concerns itself with stay of hearing of the application for grant of the aforesaid interim reliefs.