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Ajay Jain & Anr. vs. Commissioner, Devasthan Vibhaag Rajasthan & Ors.

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Rajasthan Public Trust Act, 1959–Sec. 20–Appeal–Maintainability–Appeal was filed by M in the name of the trust, stating herself to be a member of the trust whereas on the date of filing of the appeal, she was not the member of trust–Even a person having the interest in the trust, cannot file any litigation including an appeal in the name of trust as neither the law provides nor there was any authorization by the trust–Appeal filed by M was not maintainable–Further, in Form no. 8 submitted during the lifetime of late MR, M had been removed from being the member of the trust in view of certain frauds committed by her–Held, findings of Appellate Authority that M was a person interested in the trust is contrary to the facts and law–Similarly, neither SR was the working trustee nor SR and SL were the members of trust–Appeal filed by them was also not maintainable.