temporary Trustee. According to him, the Math is a public Trust since the Math, in question, has already been registered with the Board ... order to decide the nature of the Trust, both oral and documentary evidence will have to be adduced by the parties before a positive finding
finding that the Trust in question was a public trust governed by the Hindu Religious Trust Act and not a private trust. Hence when this ... order to decide the nature of the Trust, both oral and documentary evidence will be required from both the sides before the Court comes
question with the properties endowed to it is public trust or is a private
trust and whether the impugned Judgment and Decree are sustainable ... have got nothing to do
in deciding the nature of the Trust. The oral evidences discussed
above shows only that the temple is outside
also argued on behalf of the
petitioner that the trust in question is a private trust and, as such,
the provisions of the Act would ... order to decide
the nature of the Trust, both oral and
documentary evidence will have to be adduced
by the parties before a positive finding
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL JUDGMENT
Date: 21-08-2017
Trust the Finance Department of the Government of
Bihar to create a dispute
trust is a public trust or a private trust is a mixed question of law and fact, and elaborate evidence, both oral and documentary, will ... public religious trust. She deliberately did not raise an issue as to whether the trust was a private trust or a public trust but fought
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL JUDGMENT
Date: 21-08-2017
Trust the Finance Department of the Government of
Bihar to create a dispute
have proved by overwhelming documentary and oral evidence that ever since the execution of the deed of trust, Sheosaran Bharthi the dedicator has been exercising ... subsequent execution of the deed of trust.
14. We have carefully gone through the oral evidence and considered the comments made on behalf
either because the trust itself is not a public trust or in fact there is no trust at all, or any particular property ... private trust and not a public trust. The two courts below came to a finding on examination of oral and documentary evidence adduced
replaced by oral
evidences. In the present case the oral evidences adduced on
behalf of the plaintiffs are also trust worthy and reliable ... have examined altogether 16 witnesses. Besides oral evidences,
the plaintiffs have produced Ext. 1 to 1/u which are Zamindari
receipts
