IMPORTANT POINT
Private temples are not subject to public trust regulations, and the Collector cannot be appointed as their manager.

ORDER :

(Rakesh Mohan Pandey, J.)

This appeal was admitted for consideration on the following substantial question of law dated 11.07.2023:-

"Whether the learned trial Court has committed an error of law in holding that the suit property is the property of public trust whereas the trust is a private trust and therefore the Collector cannot be appointed as its manager?"

2. Plaintiffs/appellants had filed a suit for declaration of title and injunction inter alia on the ground that a temple namely, 'Shri. Ramchandra Ji Temple' is situated at village Kurud, Tahsil - Kurud, District - Dhamtari (C.G), which was constructed by the ancestors of plaintiff No. 2/appellant No. 2, namely, Mahant Udhodas in the year 1753. The agricultural land bearing survey Nos. 200, 201, 312, 315, 323/15, 499, 819, measuring a total of 18.14 acres, was also part of the temple. It is further pleaded that plaintiff No. 1 was Sarvarakar of the temple and his name was recorded in the revenue records. After the death of Udhodas, his son Harbhajan Das, and after the death of Harbhajan Das, Gopaldas, after the death of Gopal Das, Damodar Das then Narayan Das then Narsingh Das and after the death of Narsingh Das the appellant No. 2/Chudamani Das became Sarvarakar of the Temple. Chudamani Das also expired during the pendency of the civil suit. It is further pleaded that without the issuance of a notice, the name of the Collector was entered into the revenue records as a Manager of 'Shri. Ramchandra Ji Temple'. It is further pleaded that the temple is a private temple; therefore, the Collector cannot be recorded as a Manager in the revenue records. The defendants did not turn up therefore they were proceeded ex-parte.

3. The learned trial Court held that the plaintiffs were never recorded as the owner of the suit property, but in the revenue records their status are recorded as Sarvarakar. It is further held by the learned trial Court that according to provisions of section 122 of the Transfer of Property Act, after the gift, the donor has no right over the property which he donated. In the present case, the property was donated by Udhaodas and the plaintiffs were recorded as Sarvarakar in the revenue record, therefore, they have no right over the suit property. Therefore, the learned first appellate Court affirmed the findings recorded by the learned trial Court. Thereafter, the instant appeal has been preferred by the appellants/plaintiffs before this Court.

4. Learned counsel for the plaintiffs/appellants would submit that undisputedly, the aforesaid temple is a private temple, and therefore, the circular issued by the erstwhile State Government of M.P. would not be applicable, and the Collector cannot be recorded as the Manager where the temple is a private temple. He would further argue that the plaintiffs have not claimed right over the suit property in their plaint, but the learned Courts below misunderstood the pleadings. He would also argue that the plaintiff has sought relief to delete the name of the Collector as Manager from the revenue records.

5. In support thereof, he has placed reliance on the judgment passed by this Court in WP 227 No. 880 of 2015, Radha Krishna Mandir v. Ramkhilawan Sahu and others where it was held as under:-

"8. On perusal of the order dated 09.07.1998 passed by the S.D.O./Registrar/Public Trust in case No.02/B/113(4) year 1995-96. The learned Registrar has observed that there are ingredients to show that the Radha Krishna Mandir is a private trust, vis-a-vis that the statue of the idol has been purchased and established by the Sarvarakar of that temple and similarly, the temple was constructed about 40 years before that date, and the expenditure was made by the Sarwarakar of the same temple. It was also observed that the land belonging to temple was also purchased by the Sarvarakar of the same temple from the vendor Nathuram Brahaman on 03.02.1965, apart from that the temple is situated in the boundaries of the house of the Sarvarak