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1983 Supreme(Cal) 270

HIGH COURT OF CALCUTTA
D.K. SEN, J.
Gour Lal Mitra - Appellant
Versus
Tripura Prosanna Basu- Respondent
Decided on : Sep 21, 1983

Advocates appeared:
Dilip Kumar Banerjee, K.J. Sengupta, N.K. Bose, Suhrit Deb.

The court's jurisdiction to give opinion, advice, or direction under Section 34 of the Indian Trusts Act, 1882, and Section 7 of the Charitable and Religious Trusts Act, 1920, is limited and does not extend to matters involving details, difficulty, and importance, or where a scheme for administration has already been framed by the court.

Headnote:

CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920 - SECTION 7, 9 - INDIAN TRUSTS ACT, 1882 - SECTION 34 - RELIGIOUS ENDOWMENT - DEB UTTER ESTATE - SCHEME FOR ADMINISTRATION - COURT'S JURISDICTION TO GIVE OPINION, ADVICE OR DIRECTION - APPLICABILITY OF STATUTES - MAINTENANCE OF APPLICATION UNDER SECTION 34 OF THE INDIAN TRUSTS ACT - CONVERSION OF PRIVATE DEB UTTER INTO PUBLIC OR RELIGIOUS TRUST - JURISDICTION OF COURT - INSTITUTION OF REGULAR ADMINISTRATION SUIT.

Fact of the Case:

Petitioners, shebaits of Hindu Deities, filed an application under Section 34 of the Indian Trusts Act, 1882, seeking answers to various questions related to the management and administration of the deb utter estate dedicated to the Deities. The petitioners alleged misappropriation of ornaments belonging to the Deities, non-payment of amounts due to the petitioner during his pala, and attempts by the shebaits to convert the private trust into a public trust.

Finding of the Court:

The court held that the application was not maintainable under the Indian Trusts Act, 1882, as the deb utter estate was not a trust estate governed by the Act. The court further held that the Charitable and Religious Trusts Act, 1920, was not applicable as a scheme for the administration of the trust property had already been settled by the court.

Issues: 1. Whether the Indian Trusts Act, 1882, applies to a deb utter estate in favor of Hindu Deities governed by the Hindu Law of religious endowment? 2. Whether the Charitable and Religious Trusts Act, 1920, applies to a trust where a scheme for administration has already been framed by the court? 3. Whether the court can entertain an application under Section 34 of the Indian Trusts Act involving details, difficulty, and importance? 4. Whether the court can interfere in the management of a deb utter estate indirectly by answering questions mooted in an application under Section 34 of the Indian Trusts Act?

Ratio Decidendi: 1. The Indian Trusts Act, 1882, does not apply to a deb utter estate in favor of Hindu Deities governed by the Hindu Law of religious endowment. 2. The Charitable and Religious Trusts Act, 1920, does not apply to a trust where a scheme for administration has already been framed by the court. 3. The court cannot entertain an application under Section 34 of the Indian Trusts Act involving details, difficulty, and importance. 4. The court cannot interfere in the management of a deb utter estate indirectly by answering questions mooted in an application under Section 34 of the Indian Trusts Act.

Final Decision: The court declined to interfere in the management of the deb utter estate indirectly by answering the questions mooted in the application. The petitioners were granted liberty to institute a regular administration suit, if so advised, and to proceed against the Managers and ex-Managers of the estate in civil or criminal proceedings for alleged misappropriation of the assets of the deb utter.

JUDGMENT

1. UNDER the Will of one Gokul Chandra mitra executed sometime in 1807 a deb utter estate was created and properties were dedicated for the seva puja of two hindu Deities, namely Sri Sri Radha and Sri Sri Madan Mohon Jew. The said deb utter estate is presently being managed under a scheme which was approved by a decree dated the 7th August 1940, passed by this Court in Suit No. 1958 of 1939.

2. GOUR Lal Mitra and Baranasi Mitra, two she baits of the said Deities, by the present application under section 34 of the Indian Trusts Act, 1882 have mooted the following questions be answered by this Court :-

(a) Are both the Managers, T. P. Basu and P. K. Das or either of them, and if so, which is the Manager to be held responsible for loss of ornaments and jewellery and utensils belonging to the said thakurs ? (b) If the respondent No. 1 Taraprasanna alias T. P. Basu be found guilty as aforesaid, what steps can be taken for the recovery of the missing ornaments ? (c) Is the petitioner Gour Lal Mitra entitled as she bait to be reimbursed out of the said funds of the Estate to the extent of the disbursements made by him out of his own pocket for daily sheba and periodical festivals? (d) Is the Trust provided in the Trust deed and the Scheme sanctioned by this court a private religious trust and, if so, can it be treated as or be lawfully converted into a public religious, and charitable trust or a mixed public and private Trust ? (e) Are a majority of the Trustees entitled to commit acts which are likely to change the basic character and nature of the said Trust ? (f) Are a majority of she baits by adopting resolution at meetings entitled to permit the Manager to install a pawn box and is such installation permitted by the terms, letter and spirit of the said deed of Settlement or Trust or of the said Scheme as amended and sanctioned by this Court ? (g) Are a majority of she baits by adopting resolutions at their meeting entitled to set up or cause to set up a Homeopathic Charitable Dispensary at the cost and expense of the said Trust ? (h) Are the she baits of the said Thakur or any number of them entitled to open the locker maintained at the Bank of the Thakur's Estate pending the appointment of a new Manager ? (i) Are a majority of she baits by adopting a resolution entitled to empower the present. Manager to provide needy but meritorious students with food and lodging in the Temple premises at the cost and expenses of the Trust when such expenses are not permitted by the Scheme ? (j) Are a majority of she baits entitled without prior sanction or permission of this without to allow or cause the Manager to file an application before the Income Tax Authorities for a declaration that the estate of the Deity is a public religious and charitable trust ? (k) Are the aforesaid acts of (i) convening the said private religious trust into a public religious and charitable trust, (ii) installing a pawn box, (iii)setting up or causing to set up a Homeopathic Dispensary, (iv) providing needy but meritorious students with food and lodging in the temple, and (v) filing an application before the Income Tax Authorities for a declaration that the said estate is a public religious and charitable trust, permissible under or contrary to the terms, letter and spirit of the Scheme and the Deed of Settlement or trust ? (1) Is the manager entitled, in support of a resolution passed by the majority of the Trustees, to dispose of or to expend trust money or income for the aforesaid purported charitable activities, curtail or fail to pay out of the trust income just and reasonable amount of money to the petitioner No. 1 as the paladar for the time being when demanded by me for the daily and periodical worship of the said Thakur ? (m) During the pendency of this application are the trustees or she baits entitled to open the said bank locker without the prior appointment of a new manager of the estate, and should the said application to the Income Tax Au








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