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TMI Blog1935 (3) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... Sarup and the Radha Swami Satsang Sabha, a registered body through its secretary, Mr. Nihal Chand, for a declaratory decree to the following effect: (1)--(a) That the so-called Radha Swami Trust administering the properties shown in the schedule marked A is not, in law, a legal and valid trust, nor of the kind or nature alleged by the defendants, (b) That the said trust, if any is not a trust created or existing for public purpose of a charitable or religious nature or one to which the provisions of Act 14 of 1920 apply, (c) That defendant 1 or 2 or any followers of defendant 2 represented by defendant 3 individually or collectively possess no interest in the alleged trust or in the properties administered by it or in the affairs of the Satsang and its branches attached to the Radha Swami Central Administrative Council. (2) To grant such further relief as the Court may deem fit and proper. 2. These defendants were alleged by the plaintiffs to be dissentients from the true faith, and that defendant 2, Anand Sarup Sahib, had been set up as the "Sant Sat Garu" by these defendants and other persons acting with them. Subsequently, certain other persons were added as defenda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pect of accounts relating to a period more than three years prior to the data of the petition. 4. The material parts of the petition are as follows: 1. That there is in existence a charitable and Religious Trust, known as the 'Radha Swami Trust,' which was formed in 1904 by the 'Radha Swami Central Administrative Council, a body elected in 1902 by the votes of the members of the Radha Swami Faith, for the collection, preservation and administration of properties, move-able and immovable, that had till then been dedicated or might thereafter be dedicated to Radha Swami Dayal or that might be acquired for a present to Radha Swami Satsang. 2. That the immovable properties vested in the said Trust include the Holy Samadhs of the past Sant Sat Gurus, i.e., the leaders of the Radha Swami Faith and other places of worship held sacred by the Radha Swami community and properties dedicated to, or acquired with monies presented to, Radha Swami Dayal in the form of 'bhents' and other contributions by the members of the Radha Swami community. 4. That the applicant is a person having an interest in the said Trust in the following ways: (a) That he is a follower of the Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alleged trust, were acquired. It is common ground that the faith or religion was founded in the year 1861 by Swami Shiv Dayal; he departed from this world, to use the expression of his followers, in 1878. All persons, whether Hindus, Mohammadans, Parsis or Christians can be initiated into this religion provided they are found to be fit and suitable by the spiritual head or "Guru," and when initiated, they are called "Sat Sangis." The object of the religion is to attain true and perfect salvation by the liberation of the spirit from the bondage of mind and matter, which can only be achieved by following the practices prescribed by the religion. The founder was the first "Sant Sat Guru." After his departure from this world one called "Huzur" was the second "Sant Sat Guru"; he acted from 1878 until 1898, when he, too, departed from this world. Then one called "Maharaj Sahib" became "Sant Sat Guru" until 1907. Both parties recognise the above-named three persons as "Sant Sat Gurus. 7. The doctrines and tenets of the religion depend upon the writings and teachings of these three persons, and there is no dispute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Supreme Being ignoring the Sant Sat Guru will never find the Supreme Being Those who are engaged in service of the Sat Guru have actually met with the Supreme Being. When their eyes open, they will see it (i. e., that the Sant Sat Guru is the Supreme Being Himself) and until their eyes open fully they should, relying on the word of Sant Sat Guru, continue in His service, go on attending Satsang and continue increasing their faith in and love for the "charans'' of Sant Sat Guru. One day the whole secret will be revealed to them. Any one desirous of reaching the Supreme Being must search for a Sant Sat Guru (incarnation of the Supreme Being) or a Sadh Guru (one who has reached the top of the second grand division) and invoke His help, and receive instructions from one of these Supreme Guides, us to the manner of his devotion and procedure. A Sant Sat Guru is He who has either descended directly from the Highest Division or reached that quarter by practice of Surat Shabd Yoga under the immediate direction of the former. The first personage or the Supreme Father and sole master is a vast and boundless Ocean of Spirit and Love and Joy from whom the Original Spirit or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... donors and worshippers, should be the beneficiaries. It is necessary now to refer to certain material facts. In 1902, while Maharaja was the "Sant Sat Guru," a council was formed, called the Central Council Radha Swami Satsang. In the notice issued to the followers of the Faith calling a meeting to form the Council, it was stated that We have repeatedly received the news which show that some of the Satsangis take such proceedings and are of such character as cause interference with the proceedings of Radha Swami Satsang and it is apprehended that by formation of different parties, the real object of Radha Swami Mat that all the persons should, make and render service to Radha Swami Dayal may be lost. The object of establishing the Sabha is not to offer any kind of obstruction to the devotion, Sewa (service) and Supremacy of the Sant Sat Guru whenever in future He manifests Himself. At that time this Sabha will only help Him in the management of the Satsang and His orders will have priority in respect of all the matters and He will be treated a Nijpntra or successor of Radha Swami. In every matter. He shall have full and unquestionable power. 12. The document declaring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, namely the party, to which the contesting defendants belong. The objects of the "Trust" as stated in the deed were as follows: OBJECTS OF THE TRUST. The Trustees named above or those that may be appointed hereafter to succeed them, all of whom will hereafter be called 'trustees' shall collect, preserve, administer, and if necessary, alienate the properties, moveable or immovable, that have been or may hereafter be dedicated to the Supreme Being, Radha Swami Dayal, or that may be acquired for or presented to the Radha Swami Satsang and its branches, in accordance with such directions as may, from time to time, be issued in this behalf by the said Council or the Sant Sat Guru for the time being, if any, who is recognized as the representative of the Supreme Being Radha Swami Dayal, and as such is the sole master of all moveable and immovable properties of the aforesaid Satsang, provided that Samadhs and places of public worship of the Radha Swami Satsang shall at no time be alienated, 14. A similar clause appears in a later deed, viz., 2nd January 1920. By a clause relating to byelaws, it was provided that: BYE-LAWS OF THE TRUST. 1. Irrespective of what is p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Madho Prasad was accepted by the plaintiff-appellants' party as the true and only "Sant Sat Guru." Both the Courts in India held that the deed of October 1904, cannot be treated as a title deed creating a legal trust, and their Lordships agree with them in this respect. The High Court however considered that it was to be regarded as a document containing admissions in unmistakable terms as to the character and nature of the properties therein referred to, and the High Court's conclusion was as follows: We think that the statements contained in this deed coupled with those contained in the notices and circulars as well as the subsequent conduct of the Gurus themselves, can leave no doubt in our minds that these properties were not treated as the private of the Gurus, but were set apart as the properties belonging to the Sat Sang and its branches and held in trust by the trustees for the furtherance of the object of the Sat Sang. 17. With great respect to the learned Judges, their Lordships are not able to agree with their decision. It may be that the offerings to the Sant Sat Guru, by means of which the properties were acquired, were not only for the personal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... council was formed. When the constitutional powers of the Central Council were declared, it was at the very outset provided that the council was to do the things mentioned in the declaration and other matters incidental thereto, in accordance with the directions of the Sant Sat Guru for the time being, if any, who is recognised as the representative of the Supreme Creator Radha Swami Dayal and whose mandates shall be paramount and absolute in all the matters referred to therein. 20. In the alleged trust deed itself the "Sant Sat Guru" for the time being is recognised as the representative of the Supreme Being and as such, is the sole master of all moveable and immovable properties of the Sat Sang. Further, the deed is stated to be revocable at the discretion of the council. These provisions, in their Lordships' opinion, are wholly inconsistent with any intention on the part of the "Sant Sat Guru" for the time being, to alter his position as "Sant Sat Guru" or to divest himself of the control of the property and to create a trust for a public purpose of a charitable or religious nature such as is contemplated by Act 14 of 1920. On the other hand, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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