Pooran Chandra and others vs Shri Mahabir Swami

Brijraj Narain, President

This is an appeal against the order of the Deputy Commissioner-cum-Registrar, Public Trust, Jabalpur dated the 19th March, 1956, rejecting the objections raised by the Appellants regarding the registration of the trust in question. A preliminary objection has been raised before me by Shri Bajpai, counsel for the Respondent saying that the present appeal is preferred u/s 4(5) of the Madhya Pradesh Public Trusts Act, 1951, and is, therefore, not tenable inasmuch as this section gives only restrictive powers to the President, Board of Revenue viz., to hear appeals against the order of the Registrar passed u/s 4(4), ibid. The main point in dispute in this case is whether the trust is a public trust or a private trust and the Registrar has given his finding on this point u/s 6. No appeal lies against this order. In such cases the aggrieved party, as provided in Section 8, can file a suit in a civil Court to have such finding set aside. The appeal, therefore, is dismissed with costs.