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Supreme Court of India 2017-07-25 partly_allowed

Public Trust Shri Geeta Satsang Bhawan vs Nand Lal & Ors

Bench: 2 — 2

In Brief

Public Trust Shri Geeta Satsang Bhawan filed eviction suits against shop tenants while unregistered under the Rajasthan Public Trust Act, 1959. The trial court decreed the suits, but the appellate court dismissed them citing the trust's lack of registration. The Supreme Court held that Section 29 of the Act bars only the 'hearing and deciding' of such suits, not their filing. Once the trust obtained registration during appeal, the jurisdictional bar was lifted. The Court set aside all prior judgments and remanded the case for fresh trial on merits, as the trial court's original judgment was passed without jurisdiction.

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Property Law Trusts and Charities Civil Procedure Jurisdiction Eviction Tenancy

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