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CPC leave to sue

1 articleLatest May 2026
Section 92 CPC | Constructive Trust Recognized for Ancient Temple Without Formal Deed, Affirming Public Interest Over Proprietary Claims : Allahabad HC
Case Law Analysis
|Allahabad High Court

Section 92 CPC | Constructive Trust Recognized for Ancient Temple Without Formal Deed, Affirming Public Interest Over Proprietary Claims : Allahabad HC

The Allahabad High Court held that a centuries-old public temple, though lacking formal trust deeds, qualifies as a public religious trust under Section 92 CPC, with constructive trust established through long-standing public use and revenue records. This ruling empowers community custodians to seek judicial protection against private encroachment, reinforcing that public religious property cannot be claimed through mere possession or familial succession.