DIGAMBER JAIN HITOPADESHINI SABHA Vs. NARENDRA KUMAR BUKHARIA

JUDGEMENT

(1.) IT is not in dispute that the applicant i. e. Digamber Jain Hitopadeshini Sabha, Bina was registered as public trust under the provisions of the M. P. Public Trusts Act, 1951. The non-applicants made a complaint to the Registrar of Public Trusts, Khurai that the trust property was not being properly managed by the President and the Secretary of the Trust and that they were acting contrary to the purpose of the Trust. On this, purporting to act under section 26 of the Act, the Registrar of Public Trusts applied to the Court for directions in the matter. On receipt of the application, the Additional Judge to the Court of District Judge, Sagar at Khurai registered the case as Miscellaneous Civil Case No. 7 of 1983 and proceeded to deal with it under section 27 of the Act. The complainants were arrayed as the applicants in the case. The public trust, through its Chairman and Secretary, was arrayed as the non-applicant. Certain preliminary objections were raised on behalf of the public trust as regards the maintainability of the proceedings. The said objections were rejected by the Additional District Judge vide his order dated 3-10-1985. It is being aggrieved by it that the public trust has filed the present revision under section 115, Civil Procedure Code in this Court.

(2.) IN the opinion of this Court, as the revision deserves to be allowed on one short ground alone it is not necessary to examine the other grounds raised on behalf of the public trust in this revision. It is not in dispute that prior to coming into force of the M. P. Public Trusts Act, 1951 the public trust in question had been functioning as a society registered under the provisions of the Societies Registration Act, 1860. It is also not in dispute that it was in its character as a society working for religious and charitable purpose that it got itself registered as a public trust under the provisions of the M. P. Public Trusts Act, 1951. It is further not in dispute that on coming into force of the M. P. Societies Registration Act, 1959 the said public trust was deemed to be a society registered under the said Act and thereafter on the said Act having been replaced by the M. P. Society Registrikaran Adhiniyam, 1973 it has been deemed to be registered under the said Adhiniyam. The main ground raised by the public trust before the Additional District Judge was that when as per its character as a society it was being administered under the M. P. Society Registrikaran Adhiniyam, 1973, nothing contained in the M. P. Public Trusts Act, 1951 could apply to it in view of section 36 of the said Act. It was on the basis of the said ground that it was argued that the proceedings commenced pursuant to the application made by the Registrar of Public Trusts under section 26 of the M. P. Public Trusts Act and pending in the Court of Additional District Judge under section 27 of the said Act were without jurisdiction and not maintainable.

(3.) IN the opinion of this Court, as the point in question stands concluded by a Division Bench decision of this Court in Shankar Singh Thakur Kishansingh and Ors v. Sanstha Sonabai Sarvakshram, Khurai and Anr. , 1975 MPLJ 780 the abovesaid objection raised by the public trust/applicant with regard to the maintainability of proceedings under section 27 of the M. P. Public Trusts Act pending in the Court of Additional District Judge, Khurai deserves to be accepted and the proceedings have to be held to be without jurisdiction and not maintainable. It may be mentioned that, like in the present case, the public trust which was dealt with in Shankar Singh's case (supra) was originally a registered society under the Societies Registration Act, 1860. It was explained by the Division Bench in great detail as to how on account of subsequent legislative changes such a society was deemed to be a society registered under the M. P. Society Registrikaran Adhiniyam, 1973.