UMESH C.BANERJEE, J.JAGANNADHA RAO
Ram Jankijee Deities – Appellant
Versus
State Of Bihar – Respondent
The principle that a pujari cannot sue in a personal capacity is rooted in the concept that the deity is recognized as a juristic entity, separate from the individual pujari. The deity's rights and property are managed through authorized representatives, and legal actions pertaining to the deity are taken against or on behalf of the deity itself, not the pujari personally. Therefore, the pujari, in his capacity as a caretaker or manager, lacks the legal capacity to sue in his personal capacity because the rights and properties are vested in the deity as a legal person, not in the individual pujari (!) .
Judgment
Banerjee, J.-The core question that falls for consideration in this appeal, by the grant of special leave, is whether a Deity being consecrated by performance of appropriate ceremonies having a visible image and residing in its abode is to be treated as a juridical person for the purpose of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962).
2. On a reference to the factual backdrop, the records depict, that one Mahanath Sukhram Das did execute two separate deeds of dedication in December, 1950, and duly registered under the Indian Registration Act, dedicating therein the landed properties to the deities ‘Ram Janki Ji’ (Appellant No. 1) and Thakur Raja (wrongly described in the records of the High Court as ‘Raja Rani’) (Appellant No. 2). Both the deities were separately given the landed property to the extent of 81.14 acres of land and in fact were put in possession through the shebaits. After however the death of the aforesaid Mahanth Sukhram Das, Petitioner No. 3 became the shebait of both the deities. The properties of the deities were also duly registered and enlisted with the Religious Trust Board and the s
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