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1997 Supreme(MP) 637

T.S.DOABIA
Kaushal Kishore (Mahant) – Appellant
Versus
State of M. P. – Respondent


Advocates:
R.D. Jain with Ku. Ami Jain for appellant; J.D. Suryavanshi, Govt. Advocate for respondents.

JUDGMENT

The short question which arises in this appeal is as to whether an institution which vests in the State under the Qawayad Muafidaran Jujbe Arazi Wa Nakdi Samvat, 1991 (Riyast Gwalior) can be registered under the M.P. Public Trusts Act, 1951 (hereinafter referred to the Act). The facts in details need not be noticed. However, the findings which have been recorded by the trial Court in paras 18, 19 and 20 of the judgment be noticed :

(i) that, there is an institution by the name of Mandir Shri Nagaji. One Leela Dhar was managing its affairs. He was given the sanad Ex. P/6;

(ii) that in the list of muafi holders, the name of Narayan Das Guru Haridas was mentioned at page No. 166;

(iii) in para 19, a categoric finding was recorded that the ownership of the temple of this religious place vests in the State Government and the maufi holder had only a right to act as a pujari;

(iv) that the plaintiff is not the owner of the land and he is simply a pujari and that ownership vest in the State Government; As indicated above, these are the findings recorded in paras 18, 19 and 20 of the judgment of the trial Court. These findings have been affirmed by the first appellate Court. If thi







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