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2010 Supreme(Chh) 116
IN THE HIGH COURT OF CHHATTISGARH
Prashant Kumar Mishra, J.
Murti Shri Sinhwahini Devi
Vs.
The State of Chhattisgarh
Second Appeal No. 206 of 2007
Decided On: 23.04.2010
The legal character and incidents of Shebaitship, the nature of office and rights of a Shebait, and the distinction between public and private endowments in Hindu law were central to the judgment.
Headnote:
Sarvarakar - Property Dispute - Kanun Mal Riyasat Kanker, 1909, Chhattisgarh Public Trusts Act, 1951 - The court discussed the legal character and incidents of Shebaitship, the nature of office and rights of a Shebait, and the distinction between public and private endowments in Hindu law. The court also examined the application of Section 92 of the Code of Civil Procedure in relation to a public trust and how it has no application in the case of a private trust or a private debutter property.
Fact of the Case:
The suit involved a dispute over the ownership and management of a temple and its property. Plaintiff No. 1, a deity, and Plaintiff No. 2 claimed to be the Sarvarakar of Plaintiff No. 1. The trial Court dismissed the suit, but the appellate Court declared the title of the suit property in favor of Plaintiff No. 1, Deity, and held that Plaintiff No. 2 is not the Sarvarakar of the temple.
Finding of the Court:
The court found that Plaintiff No. 2 was not entitled to seek a declaration as Sarvarakar of the temple and that the relief claimed by him for declaration of registration of the public trust as void has already been rejected by the Courts below.
Issues: The main issue was whether Plaintiff No. 2 was entitled to be declared as Sarvarakar of the temple. The court also discussed the defects in the framing of the suit and the non-impleadment of the trust and the trustees as parties in the suit.
Ratio Decidendi: The court held that the office of Sarvarakar is not inheritable in this case and that the relief claimed by Plaintiff No. 2 for his appointment or continuance as Sarvarakar of the temple does not suffer from any perversity.
Final Decision: The second appeal was dismissed, and there was no order as to costs.
Prashant Kumar Mishra, J.
1. The instant second appeal under Section 100 of the Code of Civil Procedure has been preferred by the Plaintiffs whose suit for declaration and permanent injunction was dismissed by the trial Court, however, the appellate Court declared the title of the suit property in favour of the Appellant No. 1, Deity and dismissed the claim of the Plaintiff No. 2/Appellant No. 2 for a declaration as Sarvarakar of Plaintiff No. 1, Deity/temple.
2. Plaintiff No. 1 is the Deity of Sinhwahini Devi, Sinhwahini Mandir, Rajapara, Kanker and Plaintiff No. 2/ Appellant No. 2 claims to be the Sarvarakar of Plaintiff No. 1. The following reliefs were claimed in the suit:
(i) Plaintiff No. 1 be declared the owner of land situated at 10 khasra numbers bearing an area of 30.00 acres at Village Banspattar and the temple situated on Nazul Plot No. 15 area 211 Square Meters.
(ii) Plaintiff No. 2 Laxminarayan be declared the Sarvarakar of Plaintiff No. 1, Deity.
(iii) The registration of public trust by Defendant No. 1, State of Chhattisgarh through Collector, Kanker and entry of the name of the Collector as Manager of the Trust be declared illegal, void and inoperative.
(iv) The constitution and registration of the Public Trust by the Registrar, Public Trusts, Kanker in Revenue Case No. 1/B-113/ 93-94 dated 16-8-1994 be declared illegal and ineffective.
(v) The Defendants be restrained from interfering with the Plaintiffs possession in the suit land and temple.
3. The suit was filed on 11-4-1992 on the pleadings inter alia that the idol of Sinhwahini, being the Plaintiff No. 1, is a juristic person having been installed in the temple of Sinhwahini situated at Rajapara, Kanker. The said Deity was consecrated and installed by the erstwhile Ruler of Kanker State Shri Komaldeo as his Kul-Devi (family Deity) by constructing the temple at Rajapara. After his death, the legal heirs of the erstwhile Ruler continued to worship the Deity on the occasions of Ram-Navami, Dashehara, Deepawali and other special occasions and on rest of the days the temple used to be closed and the general public were not allowed to enter the temple. Thus, it was a private temple of the erstwhile Ruler, which was thrown open for the public in 1985 by the present head of the royal family, namely, Maharajadhiraj Shri Uday Pratap Deo. The Deity possesses 30.00 acres of land at Village Banspattar and an area of 211 square meters on Sheet No. 13, Plot No. 15, at Rajapara, Kanker on which the temple has been constructed. According to the Plaintiffs, the property was looked after and managed by its Sarvarakar Sunder Singh, Padum Singh and Pannalal, who are the ancestors of Plaintiff No. 2 Laxminarayan. Pannalal died in 1985 and thereafter Plaintiff No. 2 was appointed as Sarvarakar by the followers and worshippers of Plaintiff No. 1, Deity and since then Plaintiff No. 2 is performing the job of Sarvarakar. The Tahsildar, Kanker illegally entered the name of Collector, Bastar as Manager of the agricultural lands in the year 1974-75 without informing Plaintiff No. 1, whereas the Collector, Bastar has never taken any interest in the affairs of the temple. The Collector, Bastar has never been appointed as Manager by Plaintiff No. 1. Plaintiff No. 2 moved an application before the Additional Collector, Kanker for entering his name as Sarvarakar, which was rejected on 10-7-1990 and an order was passed to declare the temple as Public Trust. The said order or registration of Public Trust is illegal and void.
4. It was further stated in the plaint that after registration of the Public Trust, the Defendants are interfering in the affairs of the temple, therefore, the present suit has been preferred.
5. The Defendants filed their written statement and stated that Plaintiff No. 2 is not the Sarvarakar of the temple and the present suit against the Manager of the Trust and challenging the registration of the Trust is not maintainable. It was stated that the temple was established
