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1 - 6 of 6 (0.19 seconds)Section 51 in The Maharashtra Public Trusts Act, 1950 [Entire Act]
Gollaleshwar Dev And Ors vs Gangawwa Kom Shantayya Math & Ors on 15 October, 1985
7.The contention is misconceived, because in the aforesaid
case this Court was called upon to decide whether two or
more trustees of a public trust (the math at hand is also a
public trust), could file suit for possession of property
belonging to public trust from a person holding it adversely
to the trust. The Mysore High Court took the view that the
expression "a person having interest", of which mention has
been made in Section 51 (1), did not include the trustees,
because of the definition of this expression in Section
2(10) of the Act. This Court, however, did not endorse the
view of the Full Bench by observing that the definition in
Section 2(10) was an inclusive one and there was no lawful
justification to exclude trustees from the same. As in that
case the suit was filed to recover possession from a person
holding adversely to the trust, about which also mention has
been made in clause (ii) of Section 50, it does not follow
that clause (ii) vasualises suit for recovery of possession
only from a person holding adversely to the public trust, as
it has clearly stated about recovery of possession "from any
person". According to us, this would include a person who
may not claim adversely to the public trust, as is the case
of defendant No. 1 in this case.
The Maharashtra Public Trusts Act, 1950
The Code of Civil Procedure, 1908
Section 42 in The Indian Evidence Act, 1872 [Entire Act]
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