Judgment

Arun Kumar, J.—The question for consideration in the appeal is : Whether a suit to establish a right to be hereditary ‘archaks’ (Pujaris) in a temple and a share in the offerings made to the deity, is a suit in relation to personal/private right of the archaks or it is a suit in the nature of exercising a public right in a public trust? The question has arisen in the context of bar created by Section 50 of the Bombay Public Trusts Act, 1950. Regarding suits falling within the categories enumerated in Section 50 of the Act, either the Charity Commissioner has to file them or they have to be filed after obtaining consent in writing of the Charity Commissioner.

2. Briefly, the facts are: the plaintiffs (respondents herein) claiming to be hereditary archaks of the temple in suit from times immemorial and having a right to perform their duties (poojapal) as archaks in the temple, filed a civil suit for declaration to establish these rights. According to the plaintiffs, their family has been performing poojapali and exercising the rights incidental thereto since ancient times. The plaintiffs also claimed that they are entitled to emoluments in the form of share in the offerings ma