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Raj kumar (Manager)     08 January 2012

Public charitable trust

I am President of a Public Charitable trust. We wish to file cases of eviction against tenants. Pl advice:

1. Since trust is not a legal entity, has every trustee to join the case against the tenants. Can they not pass a resolution that any one or more trustee may institute cases against tenants.

2. We have passed a resolution that the Presdident of the trust may institute acses against defaulting tenants.We have been advised that a resolution has to be passed against each and every tenant by name separately and only then it is valid.

3. We had instituted cases against some tenants about 10 yrs back, Due to internal dissensions, we got them adjourned sine die. Can we ignore thesse cases and file new ones with the same cause and some other causes or we will have to revive them and get them dismissed with permission to file new cases. Is such a permission usually given by the Rent Controller. 


 1 Replies

SURESHKUMAR.S (ADVOCATE)     08 January 2012

Ist of all public charitable trust is a legal entity and is a juristic personality. As per the trust deed, the relevant person (either trustees or managing trustee or chairman is empowered to sue against the erring persons and u/ the Charitable Relegious Trusts Act, it is the fundamental duty of the concerned to safeguard the properties of the trust and any discrepancy in rendering this may invite removal from the office.Hence chairman is validly empowered &entitled to sue the tenants.

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