Jagannath And Ors. vs Satya Narain And Ors. on 4 September, 1972
Learned counsel submitted that unless the valuation of the trust property was Rs. 30,000/- or more, or the annual income of the trust was Rs. 3,000/- or more, the authorities created by the Act namely, the Assistant Commissioner and others would not be empowered to make any pronouncement regarding the trust in question being a public trust or not -and to insist for its registration. In the circumstances, therefore, maintains the learned counsel, the Civil Court was not precluded from dealing with the matters raised in the suit. Learned counsel pointed out that at best the points raised were analogous to those arising under Section 92 of the Civil Procedure Code and were not covered by the provisions of the Act. He relied on Gandhi Sewa Shikshan Samiti, Chimur v. Gulam Hussein Welji, (1962) 64 Bom LR 206.