Section 50 BPTA – Consent of Charity Commissioner for Civil Suit of Trustees

Jai Hind Coop Housing Society granted lease of plot no.6 to Lalbhai Shah and others for 999 years vide Lease Deed dated 10.9.1962.

On 6.9.1969, the said lease was assigned and transferred to Bhailal Chotaal Patel with the consent of the Society.

Bhailal Patel constructed the building Usha Village.   After his death, legal heirs Dr.Peter and Jayantilal inherited the said plot

Plaintiff Trust acquired 50% share of Dr.Peter in the plot with second & third floors of the said building for Rs.5 crores in the name of two trustees of the Trust.

The Assignment deed was registered on 30.7.2012 with Jayantilal (50% owner of the plot) is confirming party.

In November, 2021, the Defendant Nos.1 and 2 illegally took over possession of the suit premises after the death of religious Head of the Trust.

The Trustees of the Trust filed the civil suit for possession, damages and mesne profits.

Defendant No.1 filed the application for rejection of plaint under Order VII Rule 11(d) of CPC for want of consent of the Charity Commissioner, limitation, non-joinder of necessary part Society to the suit and the bar to the jurisdiction of the Civil Court.

HELD that when the trustees file civil suit for possession of the suit trust property, written consent of the Charity Commissioner under Section 50 of the BPT or MPT Act is not necessary.   The plaint cannot be rejected for want of such written consent.

HELD that there is no provision in the BPT Act to empower the Charity Commissioner himself to decide the issue of recovery of possession from a trespasser.  There is also no provision corresponding to Section 41E of the MPT Act to make an order of temporary injunction.   Moreover, even Section 41E of the MPT Act cannot read to mean that the Charity Commissioner has powers to evict a trespasser.  Therefore, the bar of section 80 of the BPT would not apply in the present suit.