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1922 (8) TMI 6 - HC - Indian Laws

Issues:
- Suit for declaration of entitlement to participate in bhog offering to idols
- Validity of dedication inferred from family conduct and application of proceeds
- Participation rights of descendants through male and female lines in bhog offering
- Competence of founder to direct shebaitship and participation rights in bhog offering
- Application of principles of religious endowments under Hindu Law

Analysis:

1. The judgment pertains to an appeal in a suit for a declaration regarding the entitlement of plaintiffs to participate in the bhog offering to idols consecrated by their ancestor. The dedication of properties for worship, inferred from family conduct and application of proceeds, was found to be valid. The income from the endowment was consistently applied to the daily worship of idols, including the bhog offering.

2. The plaintiffs, descendants through male and female lines, claimed participation rights in the bhog offering. Courts found that male descendants had traditionally served as shebaits, managing worship by turns, while female descendants participated in the bhog offering. The long-standing arrangement indicated a direction by the founders, as usage in such institutions reflects the intention of the founders.

3. The issue arose regarding the competence of the founder to direct shebaitship and participation rights in the bhog offering. The judgment cited principles applicable to religious endowments under Hindu Law. The founder's authority to determine the management of the trust, consistent with its charitable nature, was upheld. The founder's direction for participation rights in the bhog offering was deemed valid and not in violation of charitable trust principles.

4. The judgment confirmed the decree of the Subordinate Judge, dismissing the appeal and upholding the plaintiffs' entitlement to participate in the bhog offering. The Court emphasized the importance of honoring long-standing traditions and the sanctity of consecrated food in religious practices, concluding that the founder had the authority to prescribe participation rights in the bhog offering to descendants through both male and female lines.

 

 

 

 

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