AIR 2010 CHHATTISGARH 101 ::2011 (1) CgLJ 209

Chhattisgarh High Court

Hon'ble Judge(s): P. K. Mishra , J

(A) Madhya Pradesh (Chhattisgarh) Public Trusts Act (30 of 1951) , S.25— Kanun Mal Riyasat Ranker , S.132, S.133, S.223— Appointment of 'shebait/sarvarakar of temple - Right to office of sarvarakar is not by inheritance - Temple was private temple donated by erstwhile Ruler of State of Kanker and was opened for public - Provisions of Ranun Mal Riyasat Ranker, 1909 prescribe appointment of sarvarakar only with previous approval of State - Plaintiff had not joined any member of erstwhile royal family nor pleaded that he was appointed as 'sarvarakar' by members of royal family who are founders of temple - Thus, plaintiff cannot claim right by way of inheritance. (Para 17 18 19) (B) Civil P.C. (5 of 1908) , S.92, O.31 R.2— Madhya Pradesh (Chhattisgarh) Public Trusts Act (30 of 1951) , S.8— Suit against trust - Leave to sue - Relief as to declaration as 'sarvarakar' of temple - Plaintiff claimed that temple was private temple dedicated by erstwhile Ruler of State where ancestor of plaintiff appointed as 'sarvarakar', thereby claimed to be appointed as 'sarvarakar' - Plaintiff having moved an application u/S.92 it presupposes @page-Chhat102supposes existence of a public trust - Plaintiff not arrayed trust or trustee as party in suit - Plai....