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.