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1 - 10 of 45 (1.06 seconds)The Bombay Public Trusts Act, 1950
Rajasthan Public Trust Act, 1959
Section 92 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Section 59 in The Indian Succession Act, 1925 [Entire Act]
Section 30 in The Hindu Succession Act, 1956 [Entire Act]
Nautam Prakash Dgsvc, Vadtal & Ors vs K.K. Thakkar & Ors on 2 May, 2006
55. In so far raising adverse inference against the defendants
due to non production of the original register in respect of the affairs
and the properties of the Trust by DW Raj Laxmi Shah is concerned,
Suits No. 12608/2016 and 16909/2016 Page no. 59 of 73
the said witness gave explanation that the original register could not
be brought as the same was with Devastahn. DW Raj Laxmi Shah
further explained that the register was sent to the Devasthan as the
plaintiff was making repeated inquiries and as such on demand it was
sent there. In the opinion of the court the witness has properly
explained the reason for non production of original register, therefore,
no adverse inference can be drawn against the defendants due to non
production of the register. The learned counsel for the plaintiff has
not brought to the notice of this court any provision under the Bombay
Public Trusts Act, 1950 or the Rajasthan Public Trusts Act, 1959 or
any other law to suggest that the transfer of the Kuchaman Fort and
Palace by way of Ex. DW1/1 to Shree Shree Maa Anandmayee
Kuchaman Trust, created and registered at Bombay was illegal or
invalid and was not permissible under the provisions of the Bombay
Public Trusts Act. On the contrary, in the light of judgment of
Hon'ble Supreme Court in Nautam Prakash DGSVC, Vadtal and
others v. K.K. Thakkar and others, (2006) 5 SCC 330 it appears to this
court that a public trust created and registered under the Bombay
Public Trusts Act, 1950 may own property outside the State of
Maharashtra.
Manohar Lal (D) By Lrs vs Ugrasen (D) By Lrs. & Ors on 3 June, 2010
Suits No. 12608/2016 and 16909/2016 Page no. 61 of 73
Dhanraji and others, (2000) 7 SCC 702, Khatri Hotels Private Limited
and another v. Union of India and another, (2011) 9 SCC 126,
Manohar Lal v. Ugrasen and others, (2010) 11 SCC 557, Messrs
Trojan & Co. v. RM. N.N. Nagappa Chettiar, AIR 1953 SC 235,
Krishna Priya Ganguly and others v. University of Lucknow and
others, (1984) 1 SCC 307, Bharat Amratlal Kothari and another v.
Dosukhan Samadkhan Sindhi and others, (2010) 1 SCC 234, Fertilizer
Corporation of India Ltd. and another v. Sarat Chandra Rath and
others, (1996) 10 SCC 331, Bachhaj Nahar v. Nilima Mandal and
another, (2008) 17 SCC 491 and Mehta Charity Trust, Pali and others
v. Gulam Rasool and others, 1986 (2) WLN 433 it is submitted by
counsel for the defendants that in the entire plaint the plaintiff has not
made any allegation against the defendant no. 5 and no relief has been
sought against the defendant no. 5. It is further submitted by counsel
for the defendants that the plaintiff was aware about the fact that since
the year 1979 the Kuchaman Fort and Palace stood vested in Shree
Shree Maa Anandmayee Kuchaman Trust, which was subsequently
registered under the Rajasthan Public Trusts Act, 1959, still with mala
fide intention she instituted the present frivolous suit. It is further
submitted by counsel for the defendants that the plaintiff since 1979,
after registration of Ex. DW1/1 (Ex. PW1/D2) had notice about the
vesting of the Kuchaman Fort and Palace in Shree Shree Maa
Anandmayee Kuchaman Trust, and by letter dated 03.4.1991 Ex. P5,
addressed by Raja Pratap Singh to her she was called upon to join the
Suits No. 12608/2016 and 16909/2016 Page no. 62 of 73
said Shree Shree Maa Anandmayee Kuchaman Trust as a trustee, but
she neither became trustee nor challenged the creation and registration
of the Trust. It is further submitted by counsel for the defendants that
limitation period to challenge the creation of Trust has already passed
and since the plaintiff has not challenged the creation of Trust,
therefore, the suit is not maintainable against the defendant no. 5. It is
further submitted by counsel for the defendants that the suit is barred
under sections 21 and 22 of the Rajasthan Public Trusts Act, 1959 as
the plaintiff is claiming title adverse to public trust duly registered
under the said Act. On the other hand it is submitted by counsel for the
plaintiff that since the transfer of the Kuchaman Fort and Palace to
Shree Shree Maa Anandmayee Kuchaman Trust is non est, therefore,
the suit is maintainable against the defendant no. 5.
Trojan & Co. Ltd vs Rm. N. N. Nagappa Chettiar on 20 March, 1953
Suits No. 12608/2016 and 16909/2016 Page no. 61 of 73
Dhanraji and others, (2000) 7 SCC 702, Khatri Hotels Private Limited
and another v. Union of India and another, (2011) 9 SCC 126,
Manohar Lal v. Ugrasen and others, (2010) 11 SCC 557, Messrs
Trojan & Co. v. RM. N.N. Nagappa Chettiar, AIR 1953 SC 235,
Krishna Priya Ganguly and others v. University of Lucknow and
others, (1984) 1 SCC 307, Bharat Amratlal Kothari and another v.
Dosukhan Samadkhan Sindhi and others, (2010) 1 SCC 234, Fertilizer
Corporation of India Ltd. and another v. Sarat Chandra Rath and
others, (1996) 10 SCC 331, Bachhaj Nahar v. Nilima Mandal and
another, (2008) 17 SCC 491 and Mehta Charity Trust, Pali and others
v. Gulam Rasool and others, 1986 (2) WLN 433 it is submitted by
counsel for the defendants that in the entire plaint the plaintiff has not
made any allegation against the defendant no. 5 and no relief has been
sought against the defendant no. 5. It is further submitted by counsel
for the defendants that the plaintiff was aware about the fact that since
the year 1979 the Kuchaman Fort and Palace stood vested in Shree
Shree Maa Anandmayee Kuchaman Trust, which was subsequently
registered under the Rajasthan Public Trusts Act, 1959, still with mala
fide intention she instituted the present frivolous suit. It is further
submitted by counsel for the defendants that the plaintiff since 1979,
after registration of Ex. DW1/1 (Ex. PW1/D2) had notice about the
vesting of the Kuchaman Fort and Palace in Shree Shree Maa
Anandmayee Kuchaman Trust, and by letter dated 03.4.1991 Ex. P5,
addressed by Raja Pratap Singh to her she was called upon to join the
Suits No. 12608/2016 and 16909/2016 Page no. 62 of 73
said Shree Shree Maa Anandmayee Kuchaman Trust as a trustee, but
she neither became trustee nor challenged the creation and registration
of the Trust. It is further submitted by counsel for the defendants that
limitation period to challenge the creation of Trust has already passed
and since the plaintiff has not challenged the creation of Trust,
therefore, the suit is not maintainable against the defendant no. 5. It is
further submitted by counsel for the defendants that the suit is barred
under sections 21 and 22 of the Rajasthan Public Trusts Act, 1959 as
the plaintiff is claiming title adverse to public trust duly registered
under the said Act. On the other hand it is submitted by counsel for the
plaintiff that since the transfer of the Kuchaman Fort and Palace to
Shree Shree Maa Anandmayee Kuchaman Trust is non est, therefore,
the suit is maintainable against the defendant no. 5.