Case Note & Summary
The petitioner, Patil Patwari Saraya Sansthan, a public trust registered under the Bombay Public Trust Act, 1950, filed a suit for eviction and possession against its tenant, Trimbak Bapuji Umale, in Small Cause Civil Suit No. 01 of 2003. The Joint Civil Judge, Junior Division, Morshi, decreed the suit on 7th September 2004. The tenant appealed in Regular Civil Appeal No. 222 of 2004, which was allowed by the District Judge-2, Amravati, on 18th December 2008. The appellate court dismissed the suit as not maintainable, holding that under Sections 47 and 48 of the Indian Trust Act, 1882, all trustees were required to be joined as plaintiffs, and the suit by the sole trustee (Secretary) was not maintainable. The petitioner challenged this in the present writ petition. The High Court noted that the Full Bench in Shyamabai Surajkaran Joshi v. Madan Mohan Mandir Sanstha (2010 (2) Mh.L.J. 476) had already decided that Sections 47 and 48 of the Indian Trust Act do not apply to public trusts under the Bombay Public Trust Act. Following this, a Division Bench in L.P.A. No. 428 of 2009 (Smt. Kusumbai wd/o Vasant Akarte v. Patil Patwari Saraya Sansthan) held that a suit by a trustee (Secretary) is maintainable. The High Court found that the lower appellate court had reversed the trial court's decree solely on this ground, without considering merits. Since the issue was no longer res integra, the High Court allowed the writ petition, set aside the appellate judgment, and remanded the matter to the lower appellate court for decision on merits.
Headnote
A) Trust Law - Maintainability of Suit - Applicability of Indian Trust Act to Public Trust - Sections 47, 48 Indian Trust Act, 1882; Bombay Public Trust Act, 1950 - The Full Bench of Bombay High Court in Shyamabai Surajkaran Joshi v. Madan Mohan Mandir Sanstha held that Sections 47 and 48 of the Indian Trust Act, 1882 are not applicable to public trusts registered under the Bombay Public Trust Act, 1950. Consequently, a suit for eviction filed by a public trust through its Secretary (a trustee) is maintainable against a tenant. The lower appellate court erred in dismissing the suit on the ground that all trustees were not joined as plaintiffs. (Paras 2-3) B) Civil Procedure - Eviction Suit - Joinder of Trustees - Bombay Public Trust Act, 1950 - The Division Bench in L.P.A. No. 428 of 2009 (Smt. Kusumbai wd/o Vasant Akarte v. Patil Patwari Saraya Sansthan) followed the Full Bench and held that the suit filed by a public trust through a trustee (Secretary) is maintainable against the tenant. The issue is no longer res integra. (Para 2)
Issue of Consideration
Whether Sections 47 and 48 of the Indian Trust Act, 1882 apply to a public trust registered under the Bombay Public Trust Act, 1950, and whether a suit for eviction filed by a sole trustee (Secretary) is maintainable
Final Decision
The High Court allowed the writ petition, set aside the judgment and order dated 18th December 2008 passed by the District Judge-2, Amravati, and remanded the matter to the lower appellate court for decision on merits in accordance with law.
Law Points
- Sections 47 and 48 of Indian Trust Act
- 1882 not applicable to public trusts registered under Bombay Public Trust Act
- 1950
- suit by a trustee (Secretary) of a public trust is maintainable against tenant
- Full Bench decision in Shyamabai Surajkaran Joshi v. Madan Mohan Mandir Sanstha followed
