Sections 14 and 18 of the Religious Endowment Act, 1863, apply to any mosque, temple, or religious endowment created after 1863.

K. N. Singh, J.

1. Risal Singh son of Bindra Singh, a resident of village Terha, Pargana Sumerpur, district Hamirpur, created religious endowment for the temple of Thakurji Ram Jankiji. He gifted certain land and created a trust for the temple by a registered document dated 23-9-1932. According to the Trust deed after the death of RISAL Singh, his nephew Gajedhar Singh son of Shivraj Singh, was to be the Manager and thereafter only such a person could be elected Sarbarakar who was lineal descendant of RISAL Singh provided he was religious and fit for the said office. In due course of time Sukhram Singh became Manager and Sarbarakar of the temple. Baijnath Singh and others, opposite parties, made an application under section 18 of the Religious Endowment Act, No. XX of 1963, on 10-12-1974 seeking permission to institute a suit against the Manager and Sarbarakar. The District Judge granted permission to the opposite parties to institute a suit against the applicant by his order dated 3-5-1978. The applicant thereupon filed a revision application in this Court.

2. The revision application came up for hearing before Hon'ble Satish Chandra, C. J. An objection was raised by the counsel for the applicant that in view of the Full Bench decision of this Court in Raghubar Dial v. Kesho Ramanuj Dass, (1889) ILR-XI Alld. 18 the Religious Endowment Act, 1863, (hereinafter referred to as the Act No. XX of 1863) was not applicable to religious endowment which came into existence after 1863 and as such the District Judge had no jurisdiction to grant permission. On behalf of the opposite parties a number of decisions of this Court and other Courts were relied upon in support of his contention that Act XX of 1863 was applicable to a religious endowment which may have come into being even after 1863. Since Raghubar Dial's case was decided by a Full Bench of three Judges the learned Chief Justice referred the following question to a larger Bench :-

"Whether on the facts and in the circumstances of this case the Religious Endowment Act, 1863, was applicable ".

The Act No. XX of 1863 was enacted to make provision relating to endowments for the support of mosques, Hindu temples and other religious purposes. Prior to Act No. XX of 1863, the control, superintendence of mosques, temples and other religious endowment of public nature were regulated by Bengal Regulation XIX of 1810, which was enforced in the Presidency of Fort William in Bengal and Regulation VII of 1817 which was enforced in the Presidency of Fort Saint George. The Regulations made provision for appropriation of the rents and produce of lands granted for the support of mosques, Hindu temples and colleges or other public purposes. Under the aforesaid Regulations mosques, temples and religious endowments were those mosques and temples for the support of which endowments were granted in land by the Government or by individuals. Under the regulations the power of general superintendence of the lands vested in the Board of Revenue. Section 3 of Regulation XIX of 1810 imposed a duty on the Board of Revenue to take care that all endowments made for the manitenance of establishments be duly appropriated for the purpose for which they were destined by the Government or the individuals by whom such endowments were made. The Regulations contained provision prescribing the mode in which this duty was to be performed. The Board was empowered to appoint agents to carry on its duties and functions which in most cases were the Collectors of the district. The agents were empowered to make recommendation for the nomination to the office of trustee, manager or superintendent. The Board of Revenue was empowered to make appointment and nomination for the office of trustee or superintendent. Under the aforesaid provision the Collector of the district and the Board of Revenue were controlling the management of the land which formed subject matter of endowment, but in majority of instances the Board of