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october 1985

Supreme Court of India · 1985-10-15

GOLLALESHWAR DEV AND ORS. vs GANGAWWA KOM SHANTAYYA MATH & ORS.

Citation / case number
SC 1972/60432
Court
Supreme Court of India
Petitioner
GOLLALESHWAR DEV AND ORS.
Respondent
GANGAWWA KOM SHANTAYYA MATH & ORS.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court ruled that under the Bombay Public Trust Act, 1950, specifically sections 2(10), 50, and 51, trustees of a registered public trust can bring a suit for declaration of property belonging to the trust with the Charity Commissioner's written permission. The Court clarified that 'persons having interest in the trust' includes both trustees and beneficiaries. The Court held that the suits brought by the trustees were maintainable after obtaining the necessary consent, thereby affirming the jurisdiction of the Civil Judge in Bijapur.

GOLLALESHWAR DEV AND ORS. vs GANGAWWA KOM SHANTAYYA MATH & ORS. · Niyam