1978 (12) TMI 185 - SC - Indian Laws

Summary

Issues Involved:
1. Nature of the trust property.
2. Locus standi of the plaintiffs.
3. Removal of the defendant from Mahantship.
4. Rendition of accounts by the defendant.
5. Appointment of a new Mahant.
6. Delivery of possession of the trust property.
7. Settlement of a scheme for administration of the trust.

Summary:

1. Nature of the Trust Property:
The primary issue was whether the entire estate of village Bahawalpura is the property of a public religious trust dedicated to the Temple Idol of Shri Thakurji Maharaj or the secular and absolute property of the appellant. The Court found ample evidence in the settlement records from 1864 onwards, showing that the property was a religious endowment dedicated to Thakurji Maharaj. The Wajibularz from 1864 indicated that the Mahant was not the real owner, and the real ownership vested in the Trust. The admissions by Mahant Raghubir Das in various documents and applications further confirmed that the property was dedicated to Thakurji Maharaj. The Court concluded that the Math and the Temple were public religious trusts.

2. Locus Standi of the Plaintiffs:
The District Judge found that the plaintiffs had sufficient interest in the suit and thus had the locus standi to maintain the suit. This finding was upheld by the High Court.

3. Removal of the Defendant from Mahantship:
The District Judge held that the defendant was liable to be removed from the office of the Mahant due to various allegations, including mismanagement and immoral conduct. The High Court upheld this finding and directed the election of a new Mahant within four months.

4. Rendition of Accounts by the Defendant:
The District Judge directed the defendant to render accounts for three years preceding the suit. However, the High Court partly allowed the appeal and dismissed the suit regarding the relief for rendition of accounts.

5. Appointment of a New Mahant:
The District Judge ordered the appointment of a new Mahant in accordance with the custom and usage of the Math. The High Court upheld this order and directed that a new Mahant be elected by the Mandleshwaras.

6. Delivery of Possession of the Trust Property:
The District Judge directed the defendant to deliver possession of the endowed property to the person duly appointed as Mahant. The High Court upheld this direction.

7. Settlement of a Scheme for Administration of the Trust:
The District Judge held that the plaintiffs were entitled to the relief of settlement of a scheme for the administration of the trust. The High Court affirmed this finding.

Conclusion:
The Supreme Court affirmed the decree of the High Court, dismissing the appeal and confirming that the property in question was a public religious trust dedicated to Thakurji Maharaj. The Court declined to entertain a new plea regarding Bhumidhari rights raised by the appellant at a belated stage. The appeal was dismissed with no order as to costs.