VRINDAVANDAS (MAHANT) Vs. STATE OF M.P.

JUDGEMENT

(1.) THE plaintiff/appellant filed a suit in which a plea was taken that the institution by the name of Ramjanki Porsa, in the district of Morena was not required to be registered under the M.P. Public Trusts Act, 1951. According to the learned counsel appearing for the appellant, this institution is governed by Qawayad Muafidaran Jujbe Arazi Wa Nakdi, Samvat 1991 (Riyasat Gwalior). It is submitted that the ownership of the institution vested in the State Government and the plaintiff was merely a pujari looking after the affairs of the institution in question.

(2.) THE trial Court in para 20 of the judgment recorded a categoric finding that the plaintiff was merely a pujari and the institution in question vested in the State. This finding has been affirmed by the first appellate Court. See paras 9 and 10 of the judgment of the first appellate Court. This precise question has been dealt with in second appeal 110 of 1992 decided today. In para 2 and 3 it was observed as under : "A bare reading of the aforementioned provision indicates that a public trust under the control of the State or of any local authority is exempt from the provisions of 1951 Act.