In Brief
A public trust (Shri Hanuman Deosthan) sued to recover possession of a house from long-time occupants, claiming it was the trust's property. The trial court agreed; the district court reversed, finding the house was not listed in the trust's official register. The High Court set aside the district court's judgment and restored possession to the trust. The Supreme Court held that determining whether property belongs to a public trust is exclusively the Charity Commissioner's domain under the Bombay Public Trusts Act. The trust's registration clearly identified a different house as its property. The plaintiffs failed to produce documentary evidence linking the disputed house to the trust. The Court allowed the appeal, dismissed the suit, and upheld the first appellate court's decision.
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