Case Note & Summary
The dispute involved the Gollaleshwar Dev temple, registered as a public trust under the Bombay Public Trust Act, 1950. The temple, located in Bijapur, Karnataka, had been facing issues with individuals who were allowed to reside in temple premises as licensees. After their services were terminated, they refused to vacate, prompting the trustees to file suits for possession. The respondents contested the suits on grounds including lack of jurisdiction and absence of consent from the Charity Commissioner. The initial suits were dismissed, leading to an appeal that questioned whether trustees could file suits under Section 50 of the Act. The Full Bench of the High Court ruled that trustees did not qualify as 'persons having interest' under the Act, thus preventing them from filing such suits. The Supreme Court, however, found that the definition of 'person having interest' was inclusive, allowing trustees to bring suits for the trust's property. The Court emphasized that the provisions of the Act did not restrict trustees from filing suits in their capacity as representatives of the trust. Consequently, the Supreme Court allowed the appeal, set aside the High Court's judgment, and decreed the plaintiffs' suit for declaration of title and possession of the property, along with mesne profits.
Headnote
A) Public Trusts - Definition of 'Person Having Interest' - The expression 'person having interest' in a trust includes trustees and beneficiaries - Bombay Public Trust Act, 1950, Sections 2(10), 50 - The court held that the definition of 'person having interest' is inclusive and allows trustees to file a suit for property belonging to the trust, thus overturning the restrictive interpretation by the Full Bench (Paras 657-660).
Issue of Consideration
Whether two or more trustees of a registered public trust can, with the permission of the Charity Commissioner, bring a suit for declaration that certain property belongs to the public trust and for possession of the same from a person holding it adversely to the trust.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and decreed the plaintiffs' suit for declaration of title and possession of the suit property, along with mesne profits.
Law Points
- Public Trusts
- Definition of Interest
- Jurisdiction
- Charity Commissioner Consent
- Representative Suit
