...to a private Trust, the suit filed under Section 92 C.P.C is not maintainable. The learned counsel further submitted that as the suit properties are family properties, they...charitable trust and as to whether the suit properties are public trust or private trust or the family properties has to be decided only at the time of conclusion of trial, after letting-in evidence by bot...Principal Subordinate Judge, Salem. 2. The petitioner herein is the first defendant and the respondents herein are the plaintiffs in the suit filed in O.S.No.338 of 2012...

...Court, Mumbai directing eviction of the applicant. The respondent-trustee of the private trust namely Chandraprabhu Investments filed T.E Suit No. 125/142 of 2007 in Small Causes Court, Mumbai seeking...trustees have filed a resolution authorizing one of the trustee deposed thus the suit is instituted by a private trust through its trustees on behalf of the trust i.e an adequate compliance of order...that the phraseology is clear that the provision is directly and not mandatory. In the present case, the objection is that the trust has not filed the suit nor the trust has not joined as party in the...

...Court, Jayangondam. 2.The petitioner herein is one of the plaintiffs in the suit, in O.S.No.152 of 2004. The said suit had been filed, praying for a decree to declare the suit...properties, as private trust properties of Vedanthika Pravarthica Mutt and for settling a scheme for the private trust, to have the effective management over the trust properties and for a direction to the...and it had been numbered as O.S.No.8 of 2001. Thereafter, the suit had been transferred to the District Munsif Court,Jayangondam and renumbered as O.S.No.152 of 2004. The petitioner had filed, I.A.No...

...the footing that the trust is a private trust, but the authorities establish that even in the case of a private trust a suit can be filed for the removal of the trustee or for settlement ....2. In the suit which is the subject-matter of this appeal, the plaintiffs prayed for the settlement of a scheme in respect of a Trust Known as Sina Ravanna Mana Pana Sona...shares the other four requested him to administer the suit trust maintain accounts and render accounts to the four other shares on demand.... All the five pangudars were present when the decisions to...

...marked. After trial, the trial Court, considering the materials, had dismissed the suit by observing that the Vinayagar Temple Trust is a private Trust, the Annadhanam Trust is a public Trust and ...? 7(i) The learned counsel for the appellant/plaintiff would submit that both the Trusts are private Trusts and it is not a public Trust. The suit is not filed...by any beneficiaries of the Trust or a public, who accepted the Trust as a public one. Contrary to this, the suit was filed by a claimant for Trusteeship on a Trust property either private to be m...

...India. The Trust is also not discharging any public functions to be amenable to the writ jurisdiction of High Court. A writ petition against the private trust is not ordinarily maintainable. Learned coun...employed as a doctor in Raja Baldeodas Birla Hospital, Varanasi run by a private trust. Her services were terminated on the allegations that she was engaged in private practice against the terms...of the appointment and was asked to vacate the residential accommodation allotted by the trust, as a condition of her appointment. There is nothing on record to show that the Private Trust...

...the control of the trust and claiming it to be a private trust. Resisting that suit filed by the intervenors the present petitioner filed in another suit being T.S No. 89 of 1975. In this...that the trustee had claimed that it was a private trust and the matter was under consideration before the Board. Later, by another letter, dated 13.7.1989 the Anchala Adhikari was advised to take...appearing for the petitioner first submitted that the trust in question was a private trust and the Board had, therefore, no authority or jurisdiction to interfere in its affairs. In support of the...

...to obtain the leave or consent of the Advocate-General under S. 92 C.P.C. for filing a suit in respect of a private trust or private wakf. Such a suit could have been filed by any interested perso...court is deemed necessary for the administration of any such trust. But by virtue of S. 55 (1) of the Act, notwithstanding the above provision, such a suit in respect of a wakf could be filed by the...Petition by the first defendant to revise the order of the Second Additional District Munsif, Madurai Town, holding on the preliminary first issue that the suit filed by the respondents...

...notice to the other unserved respondents.3. The suit was dismissed for non-appearance of the plaintiffs. Application to restore the suit was filed within the time. The suit was filed...for a declaration to the effect that Kunnumthara Temple Devaswom is a private religious trust and for settling a scheme for proper management of its affairs. Since there was no delay in applying to...served and who appear.2. Since the property involved in the suit, from which this appeal arises, is said to be belonging to the first respondent-Devaswom, we dispose this appeal without...

...appeal, the suit has been laid only by the first respondent alone and there is nothing on record to show that he has filed the suit on a representative capacity. Even assuming that it is a private...administration of such trust the Advocate General or two or more persons having an interest in the trust and having obtained the leave of the court, may institute a suit. 9. In this...trust, it may be open to him to file the suit for framing of the scheme. However, he has to plead as to who are all the interested persons. Even on this ground, if the suit is held to be maintainable...

...the Bihar Religious Trust considers the trust to be a public trust whereas the ex-trustees are claiming that the trust is a private trust. A Suit has been filed which is Title ...the ex-trustees of the Sary Mangala Devi Trust which is still pending. The interim orders passed in the suit have travelled upto the High Court and lastly, the Opposite Party No. 2 had challenged the...the interim period, the Opposite Party No. 2 being aggrieved by the way in which the officers and its members were managing the trust filed Complaint Case No. 205 of 2000. Paragraphs 13, 15, 16, 17...

...the lower appellate court is right in dismissing the suit filed by the appellant only on the ground that the suit filed by a single Trustee as manager is not maintainable?(2) Whether the lower appel...parties, inter alia, additional issue had also been formulated by the trial court as to whether the present Trustee is entitled to lay the suit representing the plaintiff's private Trust...Trusts Act, 1882 (2 of 1881), Sections 36 & 48 - Suit for possession and Damages filed by Manager of Trust - defendants resisting Suit on ground that Manager of Trust has to...

...has no applicability in respect of a suit instituted by a trust. It is pointed out that the appellant has filed suit through the Manager and Trustee as a private trust. However, during the pendenc...:“1. Whether the plaintiff Charan Dass could represent the Trust known as Ghat Talab Kaulan Wala which is also known as Prabhu Wala and whether the suit filed by Charan Dass is...in its favour were set aside for the reason that Charan Dass (PW 1) was not competent to file suit as it could not demonstrate the nature of charities which the Trust had undertaken and that such suit...

...interlocutory application. Mr. Choubey, appearing for the Bihar State Religious Trust Board, fairly submits that in a subsequent suit filed by the petitioner it has been declared to be a private...that the Trust was private in nature. The substitution application is allowed. The deceased petitioner is permitted to be substituted by his legal heirs as stated in para-2 of the..., DISTRICT-SARAN …….. PETITIONER. Versus 1. THE BIHAR STATE RELIGIOUS TRUST BOARD, PATNA THROGH ITS CHAIRMAN 2. THE...

...injunction in regard to a private Trust. The petitioners/defendants 1 to 3 complain that the Advocate Commissioner has been directed by the execution court to enforce the decree even before the application for stay is disposed of. I...JUDGMENTThe only prayer urged at the time of hearing is for an early hearing of an application for stay filed accompanying an appeal suit arising out of a decree for...

...taken by the defendants 1, 10 and 11 that suit Item No. 5 is not the trust property and that it is a private property. The written statement in the above suit has been filed in the month of January 2018...amendment petition filed by the plaintiffs.2. The said amendment relates to the suit Item No. 5 of the property. The amendment was necessary on account of the defense which has been...conclusion that suit Item No. 5 is not trust property then the plaintiffs are entitled to relief of partition in respect of suit Item No. 5.3. It is seen that amendment has been taken at...

...is meant for invocation of jurisdiction against the Trust. Section 92 of the Code has no applicability in respect of a suit instituted by a Trust. It is pointed out that the appellant has filed suit throug.... No such manifestation of intention to create Trust and trustee thereof have come forth on record.”2. The appellant had filed a suit for mandatory injunction directing the defendant Baba.... Whether the plaintiff Charan Dass could represent the Trust known as Ghat Talab Kaulan Wala which is also known as Prabhu Wala and whether the suit filed by the Charan Dass is maintainable...

...scheme for the first respondent, a private trust, for removal of the second respondent and for consequential reliefs. Along with the suit I.A No. 1245 of 2013 was also filed, under order...not cofounders of the trust. The parties in the case have proceeded on the footing that the trust is a private trust, but the authorities establish that even in the case of a private trust a ...High Court held that a suit for removing the trustees of a private trust and for framing a scheme was maintainable. A similar view was also taken by the Calcutta High Court in...

...documents filed by the appellants themselves that the Trust being a private trust, a suit could not be entertained. Hence, these appeals by the plaintiffs.2. The learned Senio...where the trust properties are situate, namely, Vallupuram, Tiruchirapalli and Virudhunagar Districts, within a period of twelve weeks from today. When such a suit is filed, the respondents shall not...Order1. The appellants herein filed a scheme suit under Section 92 of the Code of Civil Procedure, 1908 for framing a scheme for the management and...

...considering that the suit was 2not maintainable as the same was filed by alleged sebait in respect of a private trust? Let this appeal be heard along with the appeal bearing S.A.T. No...reversing the judgment and decree dated April 25, 2012 passed by the learned Civil Judge (Junior Division), 2nd Court, Arambagh in Title Suit No.143 of 1991. This appeal will be heard on the following...substantial questions of law: (i) Whether the learned Court of appeal below committed substantial error of law by decreeing the suit without considering whether a suit can be...