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1990 Supreme(Raj) 665

D.L.MEHTA, G.S.SINGHVI
Ram Lal : Mandir Moorti Shri Thakurji Maharaj – Appellant
Versus
Board of Revenue – Respondent


JUDGMENT

1. In all these writ petitions following important common questions of law are involved and as such, on the law points, these writ petitions are decided by a common judgment:-

1. Whether under section 46 of the Rajasthan Tenancy Act, 1955 the word 'person' should be limited to the living persons only ?

2. Whether the deity/idol can be considered as a person' within the purview of Section-46 ?

3. Whether the deity/idol can be considered as a minor within the purview of the Section 46 of the Act of 1955 ?

4. Whether the provisions of the Hindu Minority and Guardianship Act can be applied in the cases of deity and Shebiat or Pujari can be treated as guardian of the deity, and, if so, to what extent ?

5. What will be the effect of the Rajasthan Public Trust Act, 1959 in cases of immovable property, particularly, agricultural land owned by the deity/idol ?

2. It is the settled law that a Trust in the sense in which the expression is used, is unknown in the Hindu system pure and simple. Under the Hindu Law the image of a deity of the Hindu Panth or Sect is, as has been amply in a juristic entity vested with the capacity of receiving gifts and holding property. When the gift is directl




























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