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january 2004

Supreme Court of India · 2004-01-23

Sopan Sukhdeo Sable & Ors vs Assistant Charity Commissioner & Ors

Citation / case number
AIR 2004 SUPREME COURT 1801
Court
Supreme Court of India
Petitioner
Sopan Sukhdeo Sable & Ors
Respondent
Assistant Charity Commissioner & Ors
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the plaint filed by the appellants was rightly rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908, as it did not disclose a cause of action and the jurisdiction to adjudicate the matter was exclusively with the District Court under Section 80 of the Bombay Public Trusts Act, 1950. The Court affirmed the lower courts' findings that the tenancy was not established for the claimed duration and that the Civil Court lacked jurisdiction due to the provisions of the Act. Consequently, the appeal was dismissed, upholding the rejection of the plaint.

Sopan Sukhdeo Sable & Ors vs Assistant Charity Commissioner & Ors · Niyam