CPC Case Brief – Sayed Md. v. Musa Ummer

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Appeal- Preliminary objection raised by the appellant was rejected which was that the present proceedings initiated by the deceased first respondent on before the Assistant Charity Commissioner to declare three Rozas (situated at three places Ahmedabad, Broach and Surat) that were presently private into public trusts, were barred by res judicata.  In the present proceeding, Assistant Commissioner accepted preliminary objection of res judicata but Joint Charity Commissioner Gujarat did not accept the plea.  He set aside the order and remanded the matter for inquiry. The Division Bench of the Gujarat High Court in First Appeal affirmed it by learned Assistant Judge. Aggrieved by this, appellant has filed this appeal and has raised the same plea of res judicata in High Court.

It was held that Broach and Surat Rozas are private trusts and not public trusts, and were not res judicata. Later District Judge renumbered the case and held Roza of Ahmedabad to be a public trust. High Court held that Broach and Surat Rozas are private trusts and not public trusts, and was not res judicata. Later District Judge renumbered the case and held Roza of Ahmedabad to be a public trust.

Supreme court in a special leave petition held that the appeal failed and the Rozas of Broach and Surat remained to be private trusts as the respondent (sajjadanashin)who was in charge of them had obligations to fulfil, like a pious obligation and charitable purposes and maintenance of members of his family. It wouldn’t operate as res judicata.

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