High Court Of Madhya Pradesh
M. L. Malik and B. C. Verma, JJ.
SWAMI HARBANSA CHARI JI - Appellant
Versus
STATE OF MADHYA PRADESH - Respondents
First Appeal 260 Of 1973
Decided On : 09/18/1980
Laxmanbag is a group of temples and not a Math. The properties are debuttar and have been dedicated to the idols for promoting Vaishnav cult. The nominated heir could not succeed to the office and even to the personal properties of the Mahant unless the Will of the last Mahant was approved by the Maharaja of Rewa. The appellant is a family-man and not a Virakt or celibate.
Fact of the Case:
Laxmanbag temple was built in Rewa. Yuvraj Raghurajsingh felt seriously ill. Then a saint by name laxmi Prapanna came to Rewa. He was a Vaish-nav and belonged to Bamanuj group. He was introduced to the Maharaja. He treated Raghurajsingh and cured him. Raghu-rajsingh then expressed his desire to become his disciple. Laxmi prapanna, however, suggested that his Guru, Swami Mukundacharya alone could induct him into his sect and make him his disciple. Thereupon Swami mukundacharya was brought from Brahmashila and Raghu-rajsingh became his disciple. Swami Mukundhcharya was taken as Raj-Guru. Laxmanbag temple then was just a small temple and was surrounded by forest-Raghurajsingh dedicated certain villages and huge properties to Laxmanbag and Swami mukundacharya was installed as the Head of that Institution.
Finding of the Court:
Laxmanbag was established by Maharaja Vishwanathsingh Ju Deo. Swami Mukundacharya was the first Raj-Guru and the spiritual head of the institution and was ,called Mahant, Properties were dedicated by the Ruler to the deity of Laxmanji and a fixed amount was to be given to Mahant for worship etc. Laxmanbag was never a Math in the sense the term is known to Hindu law.
Issues: Whether Laxmanbag is a Math or a debuttar.
Ratio Decidendi: The true legal position regarding vesting of a property in a Math was expressed by the Judicial Committee of the Privy Council in Vidyavaruthi v. Baluswami, 48 ind App 302 : (AIR 1922 PC 1231 under these terms: "call by whatever name, he is the manager and custodian of the institution and the property which he holds is not vested in him; it is vested in the institution and is held by him as a manager on behalf of the same."
Final Decision: The appeal fails and is dismissed with costs. Hearing fee as per schedule. Since the appeal was permitted to be filed in forma pauperis, the amount of court-fee payable on the memorandum of appeal be recovered from the appellant.
( 1 ) THIS appeal by the plaintiff is directed against dismissal of his suit for declaration that he is the successor Mahant of the Institution known as laxmanbag, Rewa, and for other consequential reliefs.
( 2 ) REWA was a princely State. In or about the year 1858, His Highness the maharaja Vishwanathsing Ju Dec was the Ruler. From time immemorial, laxmanji was being worshipped as a God in that Region. A temple of Laxmanji was built in Rewa. Yuvraj Raghurajsingh felt seriously ill. Then a saint by name laxmi Prapanna came to Rewa. He was a Vaish-nav and belonged to Bamanuj group. He was introduced to the Maharaja. He treated Raghurajsingh and cured him. Raghu-rajsingh then expressed his desire to become his disciple. Laxmi prapanna, however, suggested that his Guru, Swami Mukundacharya alone could induct him into his sect and make him his disciple. Thereupon Swami mukundacharya was brought from Brahmashila and Raghu-rajsingh became his disciple. Swami Mukundhcharya was taken as Raj-Guru. Laxmanbag temple then was just a small temple and was surrounded by forest-Raghurajsingh dedicated certain villages and huge properties to Laxmanbag and Swami mukundacharya was installed as the Head of that Institution. Thereafter laxrnanbag developed as a Math and Swamiji came out as its spiritual head. Swamiji started living in that Math.
( 3 ) ON the death of Swami Mukunda-charya, Laxmi Prapanna succeeded him. Next followed Swami Janardancharya. By a Will dated 6-8-1919 (Ex. P-5), swami Janardanacharya nominated Swami Badri Prapannacharya as his successor. This nomination of Swami Badri Prapannacharya was approved by the Darbar (Regency), vide resolution of the Council, dated 27-10-1920 (Ex. D25 ). A sum of Rs. 5,000/- was provisionally sanctioned for routine daily expenses. The report, dated 26-3-1923 (Ex. D. 26), shows that Swami Badri prapannacharya acted as an 'adhikari' for about 3 1/2 years. His management was found satisfactory. It was, therefore, recommended that the Darbar might appoint him as Raj-Guru as also the Swami of Laxmanbag. It was suggested that such an appointment would be in keeping with the wishes of the late swamiji. Accordingly Swami Badri Prapannacharya was appointed as the Raj-Guru and also the Swami of Laxmanbag.
( 4 ) IT appears that later it was found that Swami Badri Prapannacharya did not conduct himself in keeping with the practice of the high spiritual office he held, both as Swami of the Institution and also as Raj-Guru and dissatisfaction was expressed at different quarters. Report of the Dharmarth Department (Ex. P31)shows that Swami Badri Prapannacharya himself left Rewa. Then by order of the Ruler, Swami Badri Prapannacharya was removed from his office and ceased to be the Raj-Guru. He was not even permitted to stay in any of the temples of that Institution without the permission of the Darbar. He, however, returned to Rewa in the year 1945 and was reinstated as the religious head and guru as also the Administrative Head of Laxmanbag (Vide Ex. D. 7 dated 30-61945 ). This reinstatement was approved by the then Ruler Gulabsingh, vide his note dated 6-7-1945. This reinstatement of Swami Badri Prapannacharya was on conditions that he would manage the Institution for which purpose he would be granted an allowance of Rs. 2,000. 00 p. m. and that he shall have a right to appoint another Manager with consultation of the Minister-in-Charge Dharmarth but shall have no right to suggest any person as his successor who was not the bona fide subject of the State. Upon such reinstatement, management of the property of Laxmanbag was again handed over to Swami Badri prapannacharya. On 4-7-1957, Swami Badri Prapannacharya executed a Will (Ex. P-1) whereby he nominated the plaintiff Harbanschari as his successor. On 12-7-1957, some rituals were performed installing the plaintiff as the successor of Swami Badri Prapannacharya and the Maharaja of Rewa was accordingly informed. Swami Badri Prapannacharya the
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