SETH CHAND RATAN Vs. PANDIT DURGA PRASAD

JUDGEMENT

(1.) This appeal by special leave has been preferred against the judgment and order dated 7-3-1995 of a Division Bench of High Court of Madhya Pradesh by which the Letters Patent Appeal preferred by the appellant was dismissed and the judgment and order dated 2-9-1994 of the learned single Judge by which the writ petition filed by Pandit Durga Prasad, the predecessor-in-interest of respondent Nos. 1(a) to (e) had been allowed was affirmed.

(2.) There is a temple known as Shri Madan Mohan Mandir in Jawahar Nagar, Harda in the District of Hoshangabad. There are some shops in the precincts of the temple which have been let out to different tenants. According to the appellant, the temple and the shops are owned and managed by a public trust known as Maheshwari Panchayati Mandir. While according to Pandit Durga Prasad, the predecessor-in-interest of respondent Nos. 1(a) to (e), the temple and the shops are property of his family and they do not belong to any public trust.

(3.) Pandit Kamta Prasad (brother of Pandit Durga Prasad) moved an application on 29-8-1953 under Section 4 of the M. P. Public Trusts Act, 1951 (hereinafter referred to as "the Act") for registration of Shri Madan Mohan Temple Trust and the application was registered as Case No. 73. In this application it was alleged that a public trust was established by His Holiness Param Vaishnav Raghu Nath Ji Vyas and he himself along with his two brothers, namely, Pandit Durga Prasad and Pandit Narayan Prasad were the trustees thereof. Another application was moved by Seth Champalal Sheonarayanji Rathi, Seth Laxminarayanji Rathi and some others on 30-8-1953 before the Registrar for registration of a trust known as Maheshwari Panchayati Mandir, Harda and this application was registered as case No. 206. Seth Champalal Sheonarayanji Rathi was the father of the appellant Seth Chand Ratan. Seth Chand Ratan moved an application on 7-2-1955 for amalgamation of application Nos. 73 and 206. It appears that the Registrar held some inquiry in the application moved by Pandit Kamta Prasad. Subsequently, Pandit Kamta Prasad moved an application on 20-1-1955 for withdrawal of the application moved by him earlier for registration of the Trust. In this application, it was stated that the temple had been constructed by the forefathers of the applicant and no property or land, etc. had been given by any one and it was the family of the applicant which was maintaining and managing the temple with their own money and consequently it was not a public trust. It was further stated that the application for registration of the trust had been given under some misconception about the provisions of the Act as it was thought that all temples had got to be registered. The Registrar by his order dated 19-7-1955 allowed this application for withdrawal of case No. 73, which had been registered on the application moved by Pandit Kamta Prasad. However, before the said order was passed, the application moved by Seth Champalal Sheonarayanji Rathi which had been registered as case No. 206, had been allowed on 7-2-1955 and Maheshwari Panchayati Mandir had been registered as a public trust and Shri Madan Mohan Mandir and some other property including the shops in precincts thereof were shown to be the property of the aforesaid trust. Pandit Kamta Prasad thereafter moved an application for correction of records and vide order dated 31-12-1956 the Registrar directed that Shri Madan Mohan Mandir be recorded as private trust of Pandit Kamta Prasad.