valid trust. Besides, admittedly, there was no mutation of records in the name of the trust or the temple. The property continued ... trust and that there was no performance of the trust and that the alienations were made by one of the donors of the trust
with charitable and religious trusts or endowments, which are explicitly excluded from the class of trusts to which the Trusts Act of 1882 has application ... trust in the interests of the trust. It was a case where persons who had no manner of right to be in possession of trust
regard to public
charitable trusts the beneficiaries are entitled
to sue for setting aside alienations of the trust
properties improperly effected by the trustees ... suit
by the worshippers of a temple to have the
alienation of the trust property by some of the
defendants, trustees. to the other defendants
create thereby a trust, (fa) the purpose of the trust, (c) the beneficiary and (d) the trust-property, and (unless the trust is declared ... trustee) transfers the trust-property to the trustee."
Lewin in his work on Trusts says;
"Generally speaking, an express trust may be said
sayaraksha and ardhajamam kattalais. I think the interests of the temple are best served by modifying the decree of the Court below by directing that ... have got to do, not with the temple, but with the kattalais which are independent trusts. The words "religious establishment" in Section
civil judge ?
=========================================================
THE TRUST OF SHRI LAXMI
NARAYAN DEV TEMPLE &
ITS SUBORDINATE TEMPLE &
OTHERS
Versus
AJENDRAPASADJI
NARENDRAPRASADJI PANDE & ANR.
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Appearance ... provisions of section 50 of the Bombay
Public Trusts Act, 1950 [the Trusts Act , hereafter] for having filed
without obtaining the permission in writing
trust, then the provisions of the Indian Trust Act 1888 would not be applicable
as Indian Trust Act, 1888 is applicable to mere private trusts ... Indian Trust
Act, simply held as though the trust created under Ex.A.1 is a private trust
having no nexus with religiosity. A mere
residence. The transaction is neither a lease nor invalid and any trust or trust deed is not admitted. The annual 'kattubadi' was being collected ... benefit the temple is dedicated may afford grounds for the alienations of part of the corpus of the property of the temple. That such alienations
case in which the managers of a temple had made a gift of the temple property to the predecessors of the defendants in consideration ... that latter performing certain religious service at the temple. The suit was brought half a century after the date of the gift by the donor
that by this will he dedicated all his property to a charitable trust, the Dharmadaya Bova Devasthan, and gave instructions for the management ... equitable jurisdiction to protect trusts; secondly, the learned advocate contends that even if Ramkrishnagiri intended to create a trust, he did not succeed in doing
