2004 Supreme(SC) 1529

2004(8) Supreme 797
SUPREME COURT OF INDIA
(From Madras High Court)
D.M. Dharmadhikari & H.K. Sema, JJ.
Thayarammal (Dead) by Lr. -Appellant
versus
Kanakammal & Ors. -Respondents
Civil Appeal No. 6060 of 1999
With
Civil Appeal No. 6061 of 1999
Decided on 6-12-2004
Counsel for the Parties :
For the Appellant in C.A.No. 6060/99 and Respondent in C.A.No. 6061/99 : M.N. Rao, Sr. Advocate, Y. Ramesh, Ms. Sasmita Tripathy, Y. Raja Gopala Rao, Advocates.
For the Respondent in C.A.No. 6060/99 and Appellant in C.A.No. 6061/99 : Santosh Paul, Sandeep Chhabra, Rajeev Sharma, Ms. Shree Devi and M.J. Paul, Advocates.

IMPORTANT POINT
Where the contents of the stone inscription clearly indicate that the owner has dedicated the property for use as Dharamchatra meaning a resting place for the travelers and pilgrims visiting the temple, such a dedication is neither a gift nor a trust but a religious endowment.

Headnote:Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959-Section 6(5)-Official Trustees Act, 1913-Section 10-Charitable Endowments-Property described as Dharamchatram covered by the definition of the word in Section 6(5) of the State Act-Contents of stone inscription indicate that the owner has dedicated the property for use as Dharamchatra meaning a resting place for travellers and pilgrims visiting the Thyagraja Temple-Case of plaintiffs that they are in occupation of a part of dedicated property described in Schedule A of the plaint in the capacity as trustees-It is further pleaded that a portion of the said property has been wrongly encroached upon by the defendants who are liable to be evicted-Whether High Court was justified in making directions to the Administrator General under the Administrators General Act No. 45 of 1963 and the Official Trustee under the Act of 1913 to administer the suit properties as properties of public trust-(No).

       Held : Dharmachatram is Choultry of South India meaning a place where pilgrims or travellers may find rest and other provisions. Hindus in India consider the establishment of temples, mutts and other forms of religious institutions or excavation and consecration of tanks, wells and other reservoirs of water, planting of shady trees for the benefit of travellers, establishment of Choultries, sarais or alms houses and Dharamsala for the benefit of mendicants and wayfarers and pilgrims as pious deeds which would bring heavenly bliss and happiness to a Hindu. The PROPATHA of the Vedas is the same thing as Chuntry or Sarai and sometimes it is described as PRATISHREYAGRAH . [See BK Mukherjee on Hindu Law of Religious and Charitable Trusts, fifth Edition by AC Sen pages 15, 16 & 26]. The contents of the stone inscription clearly indicate that the owner has dedicated the property for use as Dharamchatra meaning a resting place for the travelers and pilgrims visiting the Thyagraja Temple. Such a dedication in the strict legal sense is neither a gift as understood in the Transfer of Property Act which requires an acceptance by the donee of the property donated nor it is a trust . The Indian Trusts Act as clear by its Preamble and contents is applicable only to private trusts and not to public trusts. A dedication by a Hindu for religious or charitable purposes is neither a gift nor a trust in the strict legal sense. (Paras 14 and 15)

       The learned judge of the High Court was right in coming to the conclusion that the property in suit which was a dedication for charitable purposes cannot be claimed by the plaintiff as a trustee or the defendant as owner. Having thus come to the conclusion, the High Court failed to make a distinction between a trust in strict legal sense and a religious or charitable endowment as understood in customary Hindu Law. It is because of its failure to see this distinction that it committed an error in directing that Administrators General in accordance with the provisions of Administrators General Act No. 45 of 1963 and a official trustee under Official Trustee Act No.2 of 1913 should take over the property for administration. We have looked into the provisions of the two Acts 45 of 1963 and Act 2 of 1913 and we find that recourse to them was not warranted when State enactment viz. Tamil Nadu Charitable and Religious Endowments Act 1955 expressly governs the subject-matter in dispute. Section 10 of the Official Trustees Act from its contents shows that it is applicable only in relation to a property subject to a trust for which there is no trustee available within the local limits of the jurisdiction of the High Court. It is only in such cases that the High Court can appoint an official trustee to take over the property for management. Such is not the case here. (Paras 17 to 19)

       Similarly, the High Court can appoint an Administrator General under the Administrators-General Act of 1963 only in case there is none to whom letters of Administration in exercise of its powers of grant of probate and letters of Administrator under the Indian Succession Act can be granted. The Act of 1963 can have no application to a charitable endowment to which the provisions of State Act are directly applicable. (Para 20)

       The Commissioner appointed under Section 9 of the State Act and other authorities under him like Joint, Deputy and Assistant Commissioner as his delegates have been conferred with ample powers under Chapter III particularly Sections 23 & 24 to take necessary steps for maintenance and management of all religious endowments within the State to which the provisions of the State Act are applicable. The State Government is empowered under section 3 of the State Act to extend the provisions of the Act to religious endowment . For the reasons aforesaid both the appeals are dismissed and the judgment of the High Court is upheld with the modification that instead of Administrator General under Act No. 45 of 1963 or official trustee under Act No. 2 of 1913, the suit property which is a charitable endowment shall be taken in control for administration, management and maintenance by the State Government and the Commissioner by invoking their powers under the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959. (Paras 22 and 23)