Appeal Against explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 20 to 22 of the Rajasthan Public Trusts Act, 1959 give a public trust in Rajasthan two chances to challenge a registration outcome. An appeal lies to the Commissioner within two months of publication of the finding, and a civil suit lies within six months of publication of the register entry.
This article explains sections 20 to 22 of the Rajasthan Public Trusts Act, 1959 (Rajasthan Act 42 of 1959) as amended up to the date of the English text published by the Devasthan Department, Government of Rajasthan, consulted on 3 October 2026; that copy does not state the date of its last amendment. Check the current text with the State's Devasthan Department before relying on it.
A working trustee or person having interest aggrieved by the finding under section 19 may appeal to the Commissioner within two months of its publication on the Assistant Commissioner's notice board (section 20). The register is then written up in line with the finding or the appeal decision, and the entries are published; once made they are final and conclusive, subject to the Act (section 21). A civil suit to cancel or modify an entry may be filed within six months of its publication (section 22). Chapter V applies only to classes notified under section 1(4).
Notification and context
These sections are in Chapter V, which applies only to the classes of public trusts notified under section 1(4); the notifications are not part of the text consulted. They follow the inquiry and finding described in sections 18 and 19. A dispute over a finding or an entry can be taken up with our legal dispute resolution team before the time limits run out.
Section 20: appeal to the Commissioner
Who may appeal. "Any working trustee or person having interest in a public trust or in any property found to be trust property aggrieved by a finding of the Assistant Commissioner under Sec. 19". This is wide. A person who claims that a property is wrongly treated as trust property can appeal even though he is not a trustee.
Time. Within two months from the date of the finding's publication on the notice board of the Assistant Commissioner.
What the Commissioner can do. The appeal is to have the finding "set aside or modified". The text does not set out the Commissioner's procedure or a time for deciding; the Rules deal with the form and fee of appeals, and our article on rules 40 to 42 of the Rajasthan Public Trust Rules, 1962 covers that.
Section 21: entries in the register
Section 21 has two sub-sections.
Sub-section (1). The Assistant Commissioner shall cause entries to be made in the register in accordance with the finding under section 19 or, if an appeal has been filed under section 20, in accordance with the Commissioner's decision. He shall then cause the entries to be published on the notice board of his office and at a conspicuous place in the city, town or village where the trust's principal office or principal place of business is situate.
Sub-section (2). The entries so made are, subject to the other provisions of the Act and subject to any change recorded under the Act or a rule, "final and conclusive".
The register is the one kept under section 16(2). Publication at two places is part of the duty; the date of publication on the Assistant Commissioner's notice board starts the six-month period in section 22.
Section 22: civil suit against entries
Sub-section (1). A working trustee or person having interest in a public trust, or in any property found to be trust property, aggrieved by an entry made under section 21 may, within six months from the date of its publication on the notice board of the Assistant Commissioner's office under section 21(1), institute a suit in a civil court to have the entry cancelled or modified.
Sub-section (2). In every such suit the civil court shall give notice to the State Government through the Assistant Commissioner, and the State Government, if it so desires, shall be made a party.
Sub-section (3). On the final decision of the suit, the Assistant Commissioner shall, if necessary, correct the register in accordance with that decision.
The two clocks side by side
| Step | Who | Forum | Period | Runs from |
|---|---|---|---|---|
| Appeal (section 20) | Working trustee or person having interest | Commissioner | Two months | Publication of the finding on the Assistant Commissioner's notice board |
| Civil suit (section 22) | Working trustee or person having interest | Civil court | Six months | Publication of the entry on the notice board of the Assistant Commissioner's office |
No calendar date is computed here; the dates of publication must be taken from the notice board records and the documents received.
Key points of interpretation
- The appeal and the suit are separate remedies with separate periods. The text does not say that the appeal must be filed before the suit, but the entry under section 21 follows the Commissioner's decision if an appeal has been filed.
- "Final and conclusive" in section 21(2) is subject to the Act, to later changes recorded, and, by section 22, to a civil suit.
- Section 26 requires a court deciding a question about a public trust to send a copy of its decision so the register can be changed; this is separate from the suit under section 22.
- In a section 22 suit, the State Government is told through the Assistant Commissioner and may join.
Worked example
An invented dharamshala trust, Shri Ganesh Dharamshala Trust, Jaipur, is registered after an inquiry. The finding lists a shop as trust property. A neighbour, Mr Anil Mathur, claims he owns the shop. As a person aggrieved by a finding in respect of property found to be trust property, he may appeal to the Commissioner within two months of publication of the finding. If he does not appeal, or loses, and the entry is published, he may still file a civil suit within six months of publication of the entry to have the entry cancelled or modified. If the court decides in his favour, the Assistant Commissioner corrects the register.
Practical points
- Note the date on which the finding is put up on the notice board; that starts the two months.
- Note the date on which the entry is published; that starts the six months.
- Obtain certified copies of the finding and entry.
- Keep proof of the trustee's or interested person's standing under section 2(9).
- Seek advice early; the periods are short.
Need help challenging or defending a register entry?
Short limitation periods leave little room for delay when a finding or entry affects a trust or its property. Our team can review the finding, prepare the appeal or plaint papers and coordinate with your advocate. Contact us about legal dispute resolution for your matter.
Key takeaways
- An appeal to the Commissioner lies within two months of publication of the finding on the notice board.
- Both a working trustee and a person having interest can appeal.
- Entries are made in accordance with the finding or the appeal decision and are published at two places.
- Entries are final and conclusive, subject to the Act, later recorded changes and section 22.
- A civil suit to cancel or modify an entry may be filed within six months of publication on the notice board.
- The register is corrected after the suit is finally decided.
Read next
- Sections 18 and 19 of the Rajasthan Public Trusts Act, 1959: inquiry and findings
- Sections 23 and 24 of the Rajasthan Public Trusts Act, 1959: reporting changes
- Rules 40 to 42 of the Rajasthan Public Trust Rules, 1962: appeals and fees
Disclaimer: Based on the English text of the Rajasthan Public Trusts Act, 1959 published by the Devasthan Department, Government of Rajasthan, as consulted on 3 October 2026; that copy does not state the date of its last amendment. Later amendments, State notifications and current fees should be checked with the State authorities. This article is general information, not legal advice; check the official text before acting.