1970 (1) TMI 90 - HC - Indian Laws

Summary

Issues Involved:
1. Validity of the endowment and dedication of the suit properties.
2. Jurisdiction of the civil court to entertain the suit.
3. Validity of the sale deed executed by Rajammal.
4. Adverse possession and limitation period.
5. Authority of the interim trustee to maintain the suit.

Detailed Analysis:

1. Validity of the Endowment and Dedication of the Suit Properties:
The primary issue was whether the properties in question were validly dedicated to the Thillayadi Pillayar Temple Charity as per the compromise decree and subsequent transactions. The court found that there was a valid endowment of the suit properties, with an absolute dedication to the trust. The income from these properties was directed to be utilized for specific religious purposes, including daily pooja and feeding Brahmins. The court referenced authoritative texts and previous judgments to establish that a bequest to trustees for the establishment of a temple and its associated religious activities is valid even if the temple was not built at the time of the testator's death. The court noted that the dedication to an idol is essentially a dedication to the deity, which is ever-present and not dependent on the physical existence of the temple.

2. Jurisdiction of the Civil Court to Entertain the Suit:
The defendant argued that the civil court lacked jurisdiction under Section 93 of the Hindu Religious and Charitable Endowments Act, 1951. The court held that the suit was primarily for the recovery of possession of trust properties from an alienee, which is not barred under the Act. The investigation of the trust character of the properties was incidental to the main relief sought. The court cited several precedents to support the view that suits for recovery of trust property from third parties are within the jurisdiction of civil courts.

3. Validity of the Sale Deed Executed by Rajammal:
The sale deed executed by Rajammal in favor of the defendant was found to be invalid and not binding on the trust. The court observed that both Veluswami Pillai and Rajammal had accepted the office of trusteeship and were bound by the terms of the trust. The sale of the C schedule properties outright was contrary to the terms of the dedication, which required the entire income from these properties to be used for religious and charitable purposes. The court highlighted that the actions of Rajammal and the defendant in altering the terms of the bequest and effecting the sale defeated the provisions of the trust.

4. Adverse Possession and Limitation Period:
The defendant claimed adverse possession of the suit properties. The court applied Article 134(b) of the Limitation Act, which prescribes a 12-year period for recovery of properties belonging to a Hindu Religious Endowment from the date of death or removal of the previous manager. Since Rajammal died in 1956 and the suit was filed in 1961, the court held that the suit was within the limitation period. The court also noted that both Veluswami Pillai and Rajammal had acknowledged the trust character of the properties, and their actions did not constitute adverse possession.

5. Authority of the Interim Trustee to Maintain the Suit:
The defendant challenged the authority of the plaintiff, appointed as an interim trustee, to maintain the suit. The court held that under Section 20 of the Hindu Religious and Charitable Endowments Act, 1951, the Commissioner has the power to appoint trustees for the administration of religious endowments. The plaintiff's appointment was in accordance with this power, and the court found no impediment to the plaintiff being granted the reliefs sought.

Conclusion:
The appeal was dismissed, and the suit was decreed in favor of the plaintiff for recovery of possession of the suit properties. The court also directed the mesne profits to be ascertained in separate proceedings and awarded the amount of Rs. 4000 in deposit to the plaintiff. The court acknowledged the appellant's request for equitable considerations regarding the lease of the property but left it to the authorities of the Hindu Religious and Charitable Endowments to decide.