9911796707
TMI Blog1976 (3) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... id temple with the properties constituted Shri. Vithal Rukhamai Sansthan of Amalner. The sansthan had movable property of the value of ₹ 19,164 and immovable properties of the value of ₹ 1,06,000 and the average gross annual income as well as the average annual expenditure was ₹ 11,000. 3. After the passing of the Bombay Public Trusts Act, 1950 (No. 29 of 1950) (briefly the Act) an application under Section 18 of that Act was filed by three persons Bhaskarrao Chimanrao Deshmukh, Ramrao Sahebrao Deshmukh and Ramkrishna Tryambak Deshpande as constituted attorneys of Vasudeobuwa who was described in the application as the 'owner' of the property. The word 'Buwa' means saint. The application was made on May 29, 1952, to the Assistant Charity Commissioner, Poona, under protest and without prejudice to the claim made therein that the Sansthan was not a public trust. In view of the penal provision under Section 66 of the Act in the case of non-compliance with Section 18 (1) of the Act the said application was made ex abundanti cautela. The Assistant Charity Commissioner after requisite notice made an enquiry into the matter in accordance with the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not disputed by Mr. Bal appearing on behalf of the appellant that the Sansthan in question is an endowment. His only contention is that it is a private religious endowment and not a public one. He submits that there is no evidence of long user of this temple by the public as a matter of right. Mr. Bal further contends that the High Court failed to consider all the material documents filed on behalf of the appellant except only Ex. 35 and that the conclusion was highly erroneous being contrary to the one that had been reached by the District Judge on appraisal of the entire documentary evidence. 9. Before we proceed further, it may be appropriate to note the definitions of 'public trust' and 'temple' in Section 2 (13) and Section 2 (17) respectively of the Act which read as follows:- S. 2 (13): 'Public trust' means an express or constructive trust for either a public religious or charitable purpose, or both and includes a temple, a math, a wakf, church synagogue, agiary or other place of public religious worship, a dhar mada or any other religious or charitable endowment..... S. 2 (17) : Temple' means a place by whatever designation kno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alone that the grant was continued by the Government. This would go to show that the Government recognised the Sansthan with the temple as a public religious endowment and only on that basis the grant was continued. Apart from that the temple was shown to have a Manager and not an owner as such. In the absence of anything to the contrary of a convincing nature, a grant by the Government in favour of the temple describing the property to be in charge of a manager leads to an unerring inference that the property is a public religious endowment. 16. From the evidence of Ramkrishna Deshpande one of the constituted attornies, we find the origin and the devolution as follows:- The originator of this Sansthan is Sakharambuwa. After Sakharam there came Govindbuwa. He was followed by Balkrishnabuwa. Then came Prahladbuwa. Thereafter Tukarambuwa came to Gadi. After him there was Krishnabuwa and after him there was Balkrishna. Then came Vasudeo. After him the present Buwa Purshottam came to Gadi. This Gadi goes to Shishya from the Guru. 17. This evidence of Ramkrishna Deshpande stands corroborated by the Sanad which shows in the year 1860-61 the Manager of the Sansthan as Balkri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that I should entrust the work of the Sansthan to you and have appointed you to the said Sansthan. 21. The nature of devolution is explicit in the above extract. 22. Although there is use of the words owner and 'Malaki' in the above recitals, the entire tenor of the document read as a whole goes to show that the property has always been treated as trust property even by the Adhikari saints and the Adhikaris or the disciples who succeeded one after the other were not owners but trustees of the property. This ancient document read as a whole does not admit of any other interpretation consistent with the nature of the property and the avowed object and purpose of the founder clearly revealed therein which has been carried into effect by successive loyal and devoted disciples. The words 'Malaki' and 'owner' in the context, are not used in the broad sense to indicate an absolute character of personal ownership. 23. The next document is Vyavasthapatra (Ex. 41) of April 25, 1897. We find from the evidence of Ramkrishna that the Shishya is appointed by the Maharaj who happens to be holding the Gadi at the relevant time. This fact is borne out by the reci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pandurang Sansthan, Sansthan Amalner Sakharam Maharaj at present Vasudev Buwa Guru Balkrishna Maharaj'. The following recitals in the said document are eloquent: This land is given to you in charity as per the order of (my) mother with a religious view and with an intention of benefiting others with the object of achieving happiness in this world and in the next world according to the shastras and the above land is given in your possession this day. Hence you are the full owner of the land and you are free as full owner thereof to manage and carry on the Vahiwat of the said land by right of owner-ship perpetually from generation to generation on the strength of this writing. x x x x x The Dindi of the said Sansthan from Amalner remains at Shivgaon on the 30th of Jeshta vadhya or on the 1st of Ashad Shudha according to practice every year. You should spend the income of the said property for the purpose of Naivedya for the Deity Pandurang at night that day. The beneficiaries of this gift are clearly the unascertained Hindu public and not ascertained individual and the donee is a trustee accepting the gift on behalf of the Sansthan. 28. The last deed of gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who are ascertained, or capable of being ascertained, in the latter they constitute a body which is incapable of ascertainment. 31. This Court further held: When once it is understood that the true beneficiaries of religious endowments are not the idols but the worshippers, and that the purpose of the endowment is the maintenance of that worship for the benefit of worshipers, the question whether an endowment is private or public presents no difficulty. The cardinal point to be decided is whether it was the intention of the founder that specified individuals are to have the right of worship at the shrine, or the general public or any specified portion thereof. In accordance with this theory, it has been held that when property is dedicated for the worship of a family idol, it is a private and not a public endowment, as the persons who are entitled to worship at the shrine of the deity can only be the members of the family, and that is an ascertained group of individuals. But where the beneficiaries are not members of a family or a specified individual, then the endowment can only be regarded as a public, intended to benefit the general body of worshipers. (See also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he public character of the temple are factors that go to establish whether a temple is a public temple or a private temple. 37. The learned counsel for the appellant relied upon the decision in Bihar State Board Religious Trust, Patna v. Sri Biseshwar Das, (1971) 3 SCR 680 and drew our attention to the following observations therein: Thus the mere fact of the public having been freely admitted to that temple cannot mean that courts should readily infer therefrom dedication to the public. The value of such public user as evidence of dedication depends on the circumstance's which give strength to the inference that the user was as of right . x x x x x Examples do occur where the founder may grant property to his spiritual preceptor and his disciples in succession with a view to maintain one particular spiritual family and for perpetuation of certain rights and ceremonies which are deemed to be conducive to the spiritual welfare of the founder and his family. In such cases it would be the grantor and his discendants who are the only person, interested in seeing that the institution is kept up for their benefit. Even if a few ascetics are fed and given shel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pradaya as has been done previously. The Deshmukhs and Deshpandes at Kashav-Amalner have been rendering service to the said Sansthan faithfully. You should make arrangement to accept service from them as being done accordingly and go on rendering service and performing Bhajan etc. faithfully as mentioned herein as per the Vaishnavasampradaya as being done from before . x x x x x 42. We have also seen from the evidence of Ramkrishna Deshpande: All the Buwas are saints. People go for darshan because these people were saints. This Sansthan is based on the principle of Shishya parampaa. This property goes from Guru to his Shishya. x x x x x The residents of the place where the Bhajans are performed attend these Bhajans. In the days of Pandharpur fair the Maharaj remains present. He stays there for about 4 months. During his stay at Pandharpur Bhajans are performed daily. During the fair his Shishyas perform the Bhajans. While returning from the pilgrimage also he performs Bhajans. Maharaj also attends other fairs at Nasik etc. At that time also his Shishyas accompany him. By Shishyas I mean the disciples as well as followers. Shishyas are few but the followers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roduced, the following features are present in the present case: (1) The deity installed in the temple was intended by the Founder to be continually worshipped by an indeterminate multitude of the Hindu public. (2) In order to facilitate worship by the public, the Founder also intended that regular Bhajan, kirtan and worship shall be maintained and annual ceremonies and processions for pilgrimage shall be conducted by the saints in succession nominated by the reigning saint. (3) There has been no evidence of any hindrance or restriction in the matter of continuous worship by the public extending over a long period. (4) More than a century ago the temple in its own name was recipient of land by Royal grant and the same has been managed by the saints in succession as Manager not as personal or private property. (5) Gifts of land by members of the public from the Taluka and outside it in favour of the temple or of the Sansthan for the purpose of maintenance of the worship. (6) Collection of subscriptions were made from house to house by taking Maharaj and also for 'Gulal' ceremony. (7) Holding out of the Sansthan to all intents and purpose as ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
