Supreme Court of India
Vijay Pullarwar & Ors. v. Shri Hanuman Deosthan, A Public Trust through its Trustees
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What the Court ordered
Accordingly, this appeal succeeds. The impugned judgment and order passed by the High Court dated 24th October, 2008 in Second Appeal No.364 of 1990 is set aside and the judgment and decree passed by the District Court Nagpur dated 21st January, 1989 in Regular Civil Appeal No.564 of 1983, is restored. Thereby, the suit filed by the plaintiffs/respondents bearing Special Civil Suit No.1127 of 1978 before the Court of Civil Judge, Senior Division, Nagpur stands dismissed. No order as to costs.
Judgment, Para 34
From the headnote
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…
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