TMI Blog1978 (12) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... in trust for the specific purpose of constructing and maintaining the Temple of Shri Thakurji Maharaj and for due celebrations or Raj Bhog, Puja, Arti, Utsav etc. of the said Thakurji Maharaj. Swami Sewa Das accordingly installed an idol of Shri Thakurji Maharaj after constructing a Temple there. He spent the income of the endowed property for religious purposes such as sewapuja of the idol and for maintenance of Sadhus of Nihang Vaishanaua Vairagi of Rama Nandi Sampradaya. He. Was the first Mahant of the Math thus established. 3. In 1526 A. D., Prince Mulla Hafismet the then Mahant Shri Mahesh Das. The Prince examined the sanad granted by the King and reaffirmed the grant. Thereafter, the territory came under various Rulers from time to time, who also granted fresh sanads to the then Mahant of the Math. 4. In 1751, the village came within the dominion of the Gwalior Raj, which granted another Sanad in favour of the then Mahant Rattan Das in the year 1785. 5. In 1843, the village came under the control of the British Government, who resumed the Muafi of half of the village and fixed a sum of ₹ 225/- as. the land revenue thereof, while the remaining half of the endowe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mahant Raghubir Das and help him in managing the affairs of the Math. 9. On July 3, 1950, it is alleged, the defendant managed to get a registered will executed by Mahant Raghubir Das, whereby the latter nominated the former as his successor and next Mahant of the Math. Thereafter, on March 27, 1954, Mahant Raghubir Das-executed a Gift Deed in favour of the defendant in respect of 2/3rd share of the endowed land, but the same, according to the plaintiffs, was not given effect to. 10. On the death of Mahant. Raghubir Das, the. defendant proclaimed himself to be the Mahant on the strength of the aforesaid Will and entered into possession and enjoyment of the entire trust properties, including the 2/3rd property obtained by him under the aforesaid Gift Deed, as Mahant. The plaintiff further pleaded that the defendant was never installed as a Mahant in accordance with the custom and usage of the Math, nor had he been recognised is the Mahant of the Math by the brotherhood and the Chelas of the deceased. The position of the defendant, according to the plaintiff, is only that of a Trustee de son tort. It was further pleaded that he was setting up a title adverse to the Math and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Maharaj is a public trust so as to attract the operation of Section 92 of the CPC. It, however, further held that it is not open to the Court to declare what properties are trust properties, and this matter can be decided in execution proceedings. (b) The plaintiffs have sufficient interest in the suit, and as such, have the locus standi to maintain the suit. (c) The defendant is liable to be removed from the office of the Mahant. (d) The defendant is liable to render accounts for three years preceding the suit. (e) The plaintiffs are entitled to get the relief of removal of the defendant from the office of Mahant and for appointment of a new Mahant in his place in accordance with the custom of the Math. (f) The plaintiffs are entitled to get a direction requiring the defendant to deliver possession of the Trust property to the person duly appointed as Mahant. (g) The plaintiffs are entitled to the relief of settlement of a Scheme for administration of the trust. 14. Against the decree of the District Court, the defendant carried a first appeal to the High Court. The High Court upheld the findings of the Trial Court and dismissed the appeal. It further d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1869 and 1888. 19. Ex. A. 9 is an extract from the Wajibularz, which was prepared at the time of the settlement of 1864. The custom and usage of the Institution governing appointment and succession to the office of Mahant has been vividly set out therein. A gist of the same has been indicated in an earlier part of this Judgment and need not be reiterated. 20. The District Judge has observed in his Judgment that para 20 of Short Wajibularz (Ex. A-19) relating to this village from the settlement of 1864 A.D. states that this entire estate of village Bahawalpura has no other co-sharer except one, the Temple and the Mahant. It is further recorded there in that according to the custom or us age, the Mahant is not competent to transfer any part of the land in this village because he is not the real owner, and the real ownership vests in the Trust of which he is the Mahant. The exact words of the Wajibularz have been extracted in the Judgment of the District Judge. Rendered into English, they read like this: The Mahant is not entitled to alienate any part of the property without legal necessity.... The Mahant is only an ostensible owner. The real ownership of this property vests ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Mahant, under whom he (defendant) claims, has affirmed it, that the entire property in suit is the absolute property of the God, Thakurji as a juristic person. It is, therefore, too late in the day for the defendant to wriggle out of the same. It cannot be said that the defendant had inadvertently affirmed the correctness of the admission/declaration made in the aforesaid will by the deceased Mahant. It was a conscious admission. The defendant himself repeatedly admitted this position with regard to the ownership of the land being exclusively of the idol, Thakurji Maharaj, in the applications filed for receiving annuity under the provisions of the U.P. Zamindari, Abolition and Land Reforms Act, 1952, which was granted to the idol, in respect of the Trust property. 24. Ex. 13 is a copy of an application, dated July 25, 1956, filed by the appellant on behalf of Shri Ram Jankiji Maharaj, installed in the Temple of village Bahawalpura. In this application, he represented himself that this property of the Temple was under the management of the applicant as a Mahant. This application was filed by the appellant before the Compensation Officer, Tehsil Konch, for grant of the compensa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fferent view. 30. Mr. Goyal cited certain observations of the Judicial Committee in Babu Bhagwan Din v. Gir Har Saroop . In support of his contention that the mere fact that the property descended from Guru to Chela and that there was a grant from the Rulers from time to lime for the Temple, is not sufficient to show that it was a public endowment. This is stated only to be rejected. The facts of that case were entirely different. The points of distinction have been fully brought out by the High Court and we do not intend to burden this Judgment by a repetition of the same. 31. In the alternative, Mr. Goyal tried to advance a new plea which was never taken by the defendant in his pleadings or at the time of arguments, in the Courts below. The argument is that if it was assumed that Mahant Raghubir Das had no right to gift the property to the appellant, the latter would be treated a trespasser over the same, and since no suit for his ejectment was filed under Section 209 of the U.P. Zamindari Abolition and Land Reforms Act, within three years of his coming into possession in 1954, he became a sirdar under Section 210 of that Act. Thereafter, Raghubir Das acquired Bhumidhari r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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