VIJAY PULLARWAR & ORS. versus SHRI HANUMAN DEOSTHAN,A PUBLIC TRUST THROUGH ITS TRUSTEES

Citation: [2018] 13 S.C.R. 763 · Decided: 16-11-2018 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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VIJAY PULLARWAR & ORS.
v.
SHRI HANUMAN DEOSTHAN, A PUBLIC TRUST THROUGH
ITS TRUSTEES
(Civil Appeal No. 7789 of 2011)
NOVEMBER 16, 2018
[A. M. KHANWILKAR AND
DR. DHANANJAYA Y CHANDRACHUD, JJ.]
Maharashtra Public Trusts Act, 1950:
ss. 21(2), 22(3), 26, 36, 41(2), 50, 50A, 51(4) and 79(2) –
Suit by respondent/plaintiff (a Trust) – For possession of suit property
on the basis of title – Plaintiff’s case was that the suit property
occupied by the predecessors of the defendants/appellants was the
property of the presiding deity and was managed by the Trustees in
whom it vested for management – Trial court decreed the suit –
First appellate court after re-appreciating the evidence reversed
the finding of fact recorded by the trial court – High court in second
appeal restored the decree passed by the trial court – On appeal,
held: The suit property was a trust property – However, procedure
envisaged u/ss. 50 and 51 has not been complied with – The questions
whether the suit property was the property of the Trust and whether
it should be recorded as the property of the Trust was a matter
exclusively within the domain of the Charity Commissioner – The
property registered as Public Trust and the property occupied by
the defendants (suit property) are two different properties – Thus,
the suit property is not the property of the plaintiff/Trust – Therefore,
the suit is liable to be dismissed.
Allowing the appeal, the Court
HELD: 1. The factum of existence of the trust and the trust
property is a matter of enquiry for registration envisaged under
Section 19 of the Maharashtra Public Trust Act, 1950.  On
completion of such enquiry, the competent authority is required
to record its findings with the reasons therefor, in terms of Section
20 of the 1950 Act. After complying with the prescribed formalities
[2018] 13  S.C.R. 763
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SUPREME COURT REPORTS
[2018] 13  S.C.R.
by the applicant and upon the findings so recorded during the
enquiry becoming final, the said authority is obliged to make
entries in the register kept for that purpose as per Section 21(1)
of the 1950 Act. Such entries become final and conclusive, subject
to any change to be recorded. This is predicated under Section
21(2) of the 1950 Act. The Act provides for finality and
conclusiveness of the order passed by the Charity Commissioner
in Sections 21(2), 22(3), 26, 36, 41(2), 51(4) and 79(2). For filing
a suit concerning the  public trust, procedure is provided in
Section 50 of the Act. Furthermore, Section 80 of the 1950 Act
posits a bar of jurisdiction of the civil court to decide or deal with
any question which by or under the Act is to be decided or dealt
with under the said Act. [Paras 19, 20, 21 and 22][779-C-D;
780-B-D; F-G; 781-A-B]
Church of North India v. Lavajibhai Ratanjibhai and
Others (2005) 10 SCC 760 : [2005] 3 SCR 1037;
Dhulabhai and Others v. The State of Madhya Pradesh
and Another [1968] 3 SCR 662 – relied on.
2.1 The present suit is a suit for recovery of possession of
the subject property on the basis of title claimed therein by the
plaintiffs/respondents and being a property of the trust. However,
the procedure envisaged under Sections 50 and 51, obviously,
has not been complied with. For, such permission has not been
produced nor adverted to by the courts below. [Para 22]
[784-B-C]
2.2 As the plaintiffs/respondents have claimed title in the
suit property, that claim could be answered on the basis of the
registration application of the trust, and schedule I regarding the
registered properties of the trust. Whether the property is a
property of the trust and including the question as to whether it
should be so recorded as the property of the trust, is a matter
exclusively within the domain of the Charity Commissioner.
[Para 23][784-C-E]
2.3 The application for registration of the public trust
submitted on 31st August, 1953 (Exh.63), the subsequent
application for registration submitted under the provisions of the
1950 Act dated 13th September, 1961 (Exh.64), the schedule I
recording properties of the plaintiff public trust (Exh.43), the
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enquiry report dated 13th October, 1954 (Exh.42), and the
application for framing of the scheme and the order passed by
the Charity Commissioner dated 4th April, 1975 (Exh.46), none
of these document mention about “Padukas of Haridas Baba”
installed in House No.878 or refer to House No.878 in Circle
No.3 being the trust property; but instead, make specific

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