Shailendra Pandey vs Chandrashekhar Chaurasiya
2024 Latest Caselaw 3971 MP

Madhya Pradesh High Court

Shailendra Pandey vs Chandrashekhar Chaurasiya on 9 February, 2024

                                                                     1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                             SA No. 1284 of 2023
                                (SHAILENDRA PANDEY AND OTHERS Vs CHANDRASHEKHAR CHAURASIYA AND OTHERS)

                           Dated : 09-02-2024
                                 Shri Rishiraj Trivedi - Advocate for the appellants.

                                 Ms Mayank Mishra - Advocate for the respondent No.2.

Ms Manoj Kumar Sahani - Advocate for the respondent No.1.

Heard the learned counsel for the appellants. Learned counsel for the appellants has submitted that the trial Court as

well as the appellate Court has not considered the legal provisions of law in its true perspective and in n support of his submission he has relied upon the judgments passed by this Court in the case of Temple Achleshwar and others Vs. Temple Shri Achleshwar Public Trust and others reported in (1998) AJHC 1792.

Heard on the question of admission.

This appeal is admitted for hearing on the following substantial questions of law :-

"(i) Whether the learned first appellate Court committed an error of law while not recording any findings in respect of Issue No.6 ?

(ii) Whether the learned lower appellate Court also committed an error of law in not appreciating that the suit is barred under Section 27 (4) of the M.P. Public Trust Act, 1951 ?

(iii) Whether the learned Courts below have failed to appreciate that by virtue of Section 25 (3) of M.P Public Trust Act, 1951, the plaintiff ought to have approached the Registrar and on this count also the very institution of the suit is barred ?

(iv) Whether the learned Courts below failed to appreciate that the jurisdiction to entertain any suit relating to public trust lies with the District Judge and therefore the judgment and decree passed by the learned Courts below are bad in law?

(v) Whether the learned Courts below committed an error of law while not

appreciating that the removal of a trustee from the Bord of trustees is also a matter relating to the management and administration of a public trust thus falls within the ambit of Section 26 of the M.P. Public Trust Act, 1951 and, therefore the suit is barred under Section 27 (4) of the M.P. Public Trust Act, 1951 ?"

Issue notice to the respondents on payment of process fee within a period of seven working days.

Notices be made returnable within four weeks'. Let a copy of memo of appeal along with the substantial questions of law as framed today be supplied by the learned counsel for the appellants to the learned counsel for respondents within a period of one week.

List after four weeks'.

C.c. as per rules.

(DEVNARAYAN MISHRA) JUDGE

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