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Allahbad High Court
S.D.KHARE,YASHODANANDAN
Shanti Sarup - Appellant
Versus
Radhaswami Satsang Sabha, Dayalbagh Agra - Respondent
Decided On : 03/22/1968
Gift or dedication of movable property (Rs. 23,038 cash) could be made by a Satsangi of the Radha Swami faith (in the present case the Sant Sad Guru himself) to Radha Swami Dayal, the impersonal deity of Radha Swami Satsangis, and, if so, in whom would that property vest.
Fact of the Case:
The property in dispute is a residential building, known as "Tej Punj" constructed in the year 1934 inside the Dayal Bagh Colony at Agra. It is the admitted case of the parties that the entire cost of the construction of the building was borne by Sir Anand Swarup (hereinafter described as "Shri Sahabji Maharaj". The construction became complete in the year 1935, and Shri Sahabji Maharaj along with other members of his family shifted to that building. Shri Sahabji Maharaj departed from this world on 24-6-1937. Thereafter his widow Lady Sohandei and other members of the family lived in that house.
Finding of the Court:
The property in dispute is a residential house known as "Tej Punj" constructed in the year 1934 inside the Dayal Bagh Colony at Agra. It is the admitted case of the parties that the entire cost of the construction of the building was borne by Sir Anand Swarup (hereinafter described as "Shri Sahabji Maharaj". The construction became complete in the year 1935, and Shri Sahabji Maharaj along with other members of his family shifted to that building. Shri Sahabji Maharaj departed from this world on 24-6-1937. Thereafter his widow Lady Sohandei and other members of the family lived in that house.
Issues: 1. Whether the defendants are in adverse possession for more than 12 years and the suit is barred by Article 144 of the Limitation Act? 2. Whether the suit is barred by Article 142 of the Limitation Act? 3. Whether the plaintiff has been receiving ground rent or licence fee about the land in suit? If so, its effect? 4. What is the area and situation of the land including the building for which the ground rent or licence fee is realised by the plaintiff? 5. Whether the house was constructed at the cost of Shri Sahabji Maharaj? 6. Whether the money out of which the disputed house was constructed was donated by Shri Sahabji Maharaj to the plaintiff Sabha? 7. Whether Shri Sahabji Maharaj signed and executed the memorandum? If so, what is its effect? 8. Whether the defendants are mere licensees of the house as well as its site and the land appurtenant thereto, or whether the defendants were in possession as members of the joint Hindu family along with Shri Sahabji Maharaj in his lifetime and after the death of Shri Sahabji Maharaj are in possession in their own rights as survivors? 9. Whether the agreement dated 21-4-34 is a legal, valid and binding document 10. Whether the house was constructed at the cost of Shri Sahabji Maharaj through the agency of the plaintiff Sabha in terms of resolution of the executive committee and the rules framed by the Sabha, if any? If so, its effect? 11. Whether the plaintiff is entitled to sue or to maintain the suit? 12. Whether defendant No. 1 ever applied for the licence of the building or the land in suit to the plaintiff and whether the plaintiff ever treated her as a licensee? 13. Whether the suit is barred by Sec. 42 of the Specific Relief Act? 14. Whether the suit is barred by estoppel and acquiescence? 15. To what relief, if any, is the plaintiff entitled?
Ratio Decidendi: The gift did not and could not confer any benefit on Radha Swami Dayal, the impersonal deity of the Radha Swami Satsangis. Being an impersonal deity and not being one of the Gods of the Hindu pantheon, Radha Swami Dayal could not be said to be a juristic person. However, when a Satsangi made a gift of money to Radha Swami Dayal for the construction of a house inside Dayal Bagh Colony, there can be no doubt that there was no uncertainly either in his mind or in the mind of others about the following: (a) Although the gift was to Radha Swami Dayal, the Satsangi knew that the gifted property would go to the Sabha as Radha Swami Dayal himself could not hold the property. (b) The Sabha would utilise the money for the construction of a residence inside Dayal Bagh. (c) the construction of such residence inside Dayal Bagh was absolutely necessary in view of the tenets of the Radha Swami faith so that the Satsangis could live near their Santsat Guru, practise Yoga, and attain salvation. (d) The actual beneficiaries will be the Satsangis of the Dayal Bagh group whom the Sabha represented as a juristic person. (e) The Sabha would maintain that benefit of the Satsangis.
Final Decision: The result is that we find that there is no force in the appellant's contentions that the Sabha had lost its right over "Tej Punj" because of certain denial by the defendants or by Prem Swarup in the year 1938. The suit was not barred by time. The Sabha has been declared to be the owner of the building known as "Tej Punj". However, in view of the provisions of Section 5 of Act 21 of 1860 the declaration which should have been granted was that "Tej Punj" is the property of the governing body of the plaintiff Sabha. However, that is a matter of form only and nothing turns on that.
S. D. KHARE, J. :- An interesting point of law that arises for consideration in this appeal is whether a gift or dedication of movable property (Rs. 23,038 cash) could be made by a Satsangi of the Radha Swami faith (in the present case the Sant Sad Guru himself) to Radha Swami Dayal, the impersonal deity of Radha Swami Satsangis, and, if so, in whom would that property vest. It is also in dispute whether any such gift or dedication had, in fact, been made.
2. The property in dispute is a residential building, known as "Tej Punj" constructed in the year 1934 inside the Dayal Bagh Colony at Agra. It is the admitted case of the parties that the entire cost of the construction of the building was borne by Sir Anand Swarup (hereinafter described as "Shri Sahabji Maharaj". The construction became complete in the year 1935, and Shri Sahabji Maharaj along with other members of his family shifted to that building. Shri Sahabji Maharaj departed from this world on 24-6-1937. Thereafter his widow Lady Sohandei and other members of the family lived in that house. In the year 1953, when the suit, giving rise to this appeal was instituted, Lady Sohandei (defendant No. 1) and her son, Shanti Swarup (defendant No. 2), along with other members of the family, were living in that house.
3. The suit was instituted by the Radha Swami Satsang Sabha, Dayal Bagh, Agra (hereinafter referred to as 'the Sabha') a society registered under the Societies Registration Act No. 21 of 1860, through its Secretary, Sri Babu Ram Jadon, M.A., and the only two defendants were Lady Sohandei and Shanti Swarup.
The plaintiff's case was that the plaintiff is a society registered under Act No. 21 of 1860, and is a representative body of that section of the followers of Radha Swami faith, which is popularly known as the Dayal Bagh group. The followers of the Radha Swami faith used to make bhents (gifts or dedications) to the impersonal deity, Radha Swami Dayal. Such bhents and the properties acquired therefrom and their income vested in the plaintiff Sabha and was held by it for application wholly to religious and charitable purposes of the Sabha. The bhents were offered for various purposes, one of them being the construction of houses inside Dayal Bagh Colony. Like every other bhent, the bhent made for the construction of houses also vested in the plaintiff Sabha and the Satsangi offering the bhent retained no interest in the money. The Sabha constructed houses for the temporary stay of pilgrims within Dayal Bagh and the residence of Satsangis residing there including such other persons as are entitled under the rules framed by the Sabha to reside in Dayal Bagh. The persons who offer bhent for the construction of houses are granted rights of occupancy in houses, in law amounting to licence, limited to the lifetime of the offerer, subject to the observance of rules for the time being in force with absolute discretion vesting in the Sabha to grant similar rights after the death of the offerer to a nominee or heir of such person in case such nominee or heir is considered fit for residence in Dayal Bagh.
Shri Sahabji Maharaj was the founder of the Dayal Bagh Colony and the rules mentioned above and the principles on which such rules were based emanated from him. Shri Sahabji Maharaj was a rigid observer of all rules and regulations of the Sabha and insisted to be bound and governed by the same rules as applied to any common Satsangi. Like every other Satsangi, Shri Sahabji Maharaj offered bhent for the construction of a house and made an application in that connection on 21st April, 1934, and voluntarily undertook to be bound by all the rules and conditions relating to houses and residence in Dayal Bagh then in force or that might thereafter be made and put into force. The building known as "Tej Punj" was constructed in those circumstances for Shri Sahabji Maharaj, and he finally accepted the licence to occupy the same in pursuance of the rules mentioned above.
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