IMPORTANT POINT
The view taken by the High Court that a suit in civil court for declaration that appellants were ancestral pujaris of a temple is barred by Section 80 of Bombay Public Trust Act, 1950 is clearly erroneous in law.

Headnote:Civil Procedure Code, 1908-Section 9-Jurisdiction of Civil Court-Suit for declaration that appellants are ancestral pujaris of a temple-Claiming right of puja and injunction against respondents-High Court holding in second appeal, that suit was barred under Section 80 of Bombay Public Trust Act, 1950-Whether correct? (No)-Appeal allowed-Matter remanded to High Court for fresh decision of second appeals.
Held : The allegations made in the plaint show that the only right claimed by the appellants is that of being ancestral Pujaris of the temple. The appellants do not claim themselves to be the trustees of any trust as defined under Section 2(18) of the Act. No declaration regarding the existence or otherwise of a trust or that any particular property is the property of such trust which comes within the purview of the Deputy or Assistant Charity Commissioner under Section 79 of the Act has been claimed. The only relief claimed is a declaration regarding the right of the appellants to function as hereditary Pujaris or their Pujariki rights of performing Puja in the temple and a consequential decree for injunction for restraining the respondents from interfering with the aforesaid rights of the appellants. The reliefs so claimed do not at all come within the ambit of Section 19 or Section 79 of the Act on which the Deputy or Assistant Charity Commissioner has the jurisdiction to hold an inquiry and give a decision. Therefore, the bar of Section 80 of the Act which by the express language used is confined to "any question which is by or under this Act be decided or dealt, with by any officer or authority under this Act and in respect of which the decision of order of such officer or authority has been made final and conclusive" would not apply. The only ground given by the High Court for holding that the suit is barred by the aforesaid provision is that in para 3 of the plaint it is admitted that the appellants and other remaining Bhaktas have taken steps to get the temple and land annexed to it, registered as public trust with the Assistant Charity Commissioner at Belgaum and that one of the appellants admitted in his statement that he along with others had moved an application for registering temple property as a public trust and inquiry in that regard was pending. In our opinion the mere fact that the appellants along with others had taken steps to get the temple and the land annexed to it registered as public trust by moving an application to that effect under Section 18 of the Act before the Assistant Charity Commissioner cannot in any manner oust the jurisdiction of the Civil Court in view of the allegations disclosed in the plaint and the relief claimed therein. The cause of action for filing the suit is that in the night of March 3, 1982 respondents created obstruction in the performance of Puja by the appellants in the temple and taking away of certain Puja articles by them which made it impossible for the appellants to proceed with the Puja. In our opinion the decision of the controversies raised in the suit do not at all require adjudication of any such matter which may have to be done by the Assistant Charity Commissioner while exercising his powers under Section 19 of the Act on the application which was pending before him for registration of the temple and its property as public trust. We are, therefore, of the opinion that the view taken by the High Court is clearly erroneous in law and the judgment and decree passed by it must be set aside. In the result, the appeals succeed and are hereby allowed. The judgment and decree dated July 24, 1992 passed by the High Court is set aside and the matter is remanded for a fresh decision of Second Appeals No.708 and 709 of 1990 expeditiously and in accordance with law. The appellants will be entitled to their costs. (Paras 11 to 13)

JUDGMENT

G.P. Mathur, J.-These appeals by special leave have been preferred by the appellants against the judgment and decree dated July 24, 1992 of the High Court of Karnataka by which the Second Appeals preferred by the respondents were allowed and the suit filed by the appellants was dismissed on the ground that the same was barred by Section 80 of Bombay Public Trust Act, 1950 (hereinafter referred as the Act ).

2. The question in issue relates to the jurisdiction of the Civil Court to entertain the suit, which was instituted by the appellants in the Court of Principal Munsiff, Bijapur. The case of the appellants in brief was that they are the ancestral Pujaris of the Amogsidda Temple situated in Survey No. 214, particularly Survey No. 214-B of Jalgeri Taluka Bijapur, and prior to them their father and grand-father performed Puja by turns. The appellant No.1 has eight anna right of Puja and other appellants have the remaining right of Puja which right the appellants and their ancestors had been exercising by turns. The appellants performed Puja throughout the year and at the time of annual Jatra of Chhatti Amavasya get the offerings made by Bhaktas to the God Amogsidda in the aforesaid temple and this has been going on for a long time probably from the time of Amogsidda s death and construction of Samadhi about six hundred years back. The Samadhi is the God of Amogsidda in the suit temple and the appellants have been performing Puja and getting the benefit of offerings and serving them as ancestral wahiwatdar Pujaris of the temple being descendants of Amogsidda. The respondents come from Arkeri village and claimed to be related to Amogsidda being Kurbars and disputed the right of the appellants and their ancestors. The respondents and some others filed a suit for injunction against the ancestors of appellants being OS No. 88 of 1944 but the same was dismissed. Thereafter they again started obstructing the appellants in performance of Puja in the temple in 1967 and therefore the present appellant No.4 and father of appellant No.3 had filed OS No.347 of 1967 for injunction for restraining the respondents from causing any obstruction in the performance of Puja but the suit was dismissed for want of prosecution. The appellants have been continuously exercising their right of Puja till now without any objection and the annual Jatra taking place in the area around the temple is managed by a Panchayat led by Siddalingappa Karbasappa Siralshetty and the Pujari. It was further pleaded that the appellants and Bhaktas had taken steps, to get the temple and the land annexed to it registered as Public trust with the Assistant Charity Commissioner at Belgaum and in that connection Inquiry No.321 of 1980 had been instituted in his office. The reliefs claimed in the suit are as under:

(A) A decree of declaration that plaintiffs are the ancestral wahiwatdar - Pujaris and thus have the Pujariki rights of performing Puja at all times of the Amogsidda God in suit temple at all times by turns among themselves as stated above;

(B) A consequential decree of permanent prohibitory injunction restraining defendants, their agents and assigns or representatives from interfering in any manner whatsoever with the plaintiff s right of Puja of Amogsidda God in the Temple;

3. The respondent No.1 filed written statement denying the allegations made in the plaint and pleaded that as the suit instituted by the appellants in the year 1967 had been dismissed in default, the present suit was barred by order IX Rule 9 C.P.C. The respondent No.4 filed written statement contesting the suit on the grounds, inter alia, that the appellants did not have any right whatsoever to perform the Puja as Pujaris in the temple and that the Amogsidda temple is situate in Mammatti Gudda in RS No.214/B of Jalageri village; that neither the appellants nor the

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2003 Supreme(SC) 368

IMPORTANT POINTThe view taken by the High Court that a suit in civil court for declaration that appellants were ancestral pujaris of a temple is barred by Section 80 of Bombay Public Trust Act, 1950 is clearly erroneous in law.

Cases Referred (3)

IMPORTANT POINT
The view taken by the High Court that a suit in civil court for declaration that appellants were ancestral pujaris of a temple is barred by Section 80 of Bombay Public Trust Act, 1950 is clearly erroneous in law.