2013 AIR CC 1023 (GUJ) ::AIR 2013 (NOC) (SUPP) 548 (GUJ.) ::(2013) 1 Guj LR 378 ::(2013) 1 Guj LH 287

Gujarat High Court

Hon'ble Judge(s): C. L. Soni , J

(A) Bombay Public Trusts Act (29 of 1950) S. 80 — Suit for declaration and injunction — Bar of jurisdition — Suit was in respect of trust property against trespassers — Considering allegations made, Civil Court required to frame issue as to whether defendants (alleged trespassers) were trustees or not — Such issue is to be decided by Assistant Charity Commissioner — Jurisdiction of Civil Court barred u/S 80 AIR 2005 SC 2544 and (2009) 20 GHJ (431), Rel on (Para 9,10,11,15)

(B) Bombay Public Trusts Act (29 of 1950) S. 41 E— Suit for declaration and injunction — Jurisdiction — S 41E is special provision made for Maharashtra State whereunder Charity Commissioner is given special powers to grant injunction and to make other orders for various purposes — Simply because no such provision of issuing injunction order is made for Gujarat State, is no ground to hold that Gujarat Civil Court has jurisdiction to decide suit for declaration and injunction in respect of trust property — Absence of provision like S 41E would not confer jurisdiction on Civil Courts in Gujarat to decide suit for injunction and declaration, in respect of trust property (Para 15)