https://www.taxtmi.com/caselaws?id=313276 Under the Bombay Public Trusts Act, the Charity authorities must first decide whether a trust exists, whether it is a public trust, and whether disputed property belongs to it; Section 79 makes that determination final and Section 80 bars the civil court from deciding those questions directly. A suit for recovery of trust property under Section 50 is therefore maintainable only after the statutory determination has been made. The article also notes that joinder of a claim for the price of property allegedly wrongfully sold offended Order 2 Rule 4, but the defect was curable and was regularised by leave. en-us Thu, 21 Jan 1971 00:00:00 +0530 Thu, 04 Apr 2024 17:00:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313276 Under the Bombay Public Trusts Act, the Charity authorities must first decide whether a trust exists, whether it is a public trust, and whether disputed property belongs to it; Section 79 makes that determination final and Section 80 bars the civil court from deciding those questions directly. A suit for recovery of trust property under Section 50 is therefore maintainable only after the statutory determination has been made. The article also notes that joinder of a claim for the price of property allegedly wrongfully sold offended Order 2 Rule 4, but the defect was curable and was regularised by leave. Case-Laws Indian Laws Thu, 21 Jan 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313276