DHANESHWARBUWA GURU PURSHOTTAMBUWA OWNER OF SHRI VITHAL RUKHAMAI SANSTHAN Vs. CHARITY COMMISSIONER STATE OF BOMBAY

JUDGEMENT

(1.) The question that arises in this appeal by special leave is whether Shri. Vithal Rukhamai Sansthan at Amalner (East Khandesh) was a private Devasthan or a public religious trust.

(2.) There was a saint endowed with spiritual powers by the name of Sakharam Maharaj at Amalner. The deity of his worship was Shri. Vithal Rukhamai. Although the origin of the Sansthan is dipped somewhat in antiquity and direct testimony was lacking, it has never been disputed that Sakharam Maharaj constructed a temple in the year 1817 at Amalner and installed the aforesaid deity according to religious rites. He also acquired certain properties and the said temple with the properties constituted Shri. Vithal Rukhamai Sansthan of Amalner. The sansthan had movable property of the value of Rs. 19,164 and immovable properties of the value of Rs. 1,06,000 and the average gross annual income as well as the average annual expenditure was Rs. 11,000.

(3.) After the passing of the Bombay Public Trusts Act, 1950 (No. 29 of 1950) (briefly the Act) an application under Section 18 of that Act was filed by three persons Bhaskarrao Chimanrao Deshmukh, Ramrao Sahebrao Deshmukh and Ramkrishna Tryambak Deshpande as constituted attorneys of Vasudeobuwa who was described in the application as the 'owner' of the property. The word 'Buwa' means saint. The application was made on May 29, 1952, to the Assistant Charity Commissioner, Poona, under protest and without prejudice to the claim made therein that the Sansthan was not a public trust. In view of the penal provision under Section 66 of the Act in the case of non-compliance with Section 18 (1) of the Act the said application was made ex abundanti cautela. The Assistant Charity Commissioner after requisite notice made an enquiry into the matter in accordance with the provisions of the Act. On behalf of the applicants representing the Sansthan evidence of the attorney Ramkrishna Deshpande was recorded and he was cross-examined by the assessors as well as by the Assistant Charity Commissioner. Some documents were also produced on behalf of the Sansthan. Three witnesses were examined on behalf of the Assistant Charity Commissioner and were accorded an opportunity to the applicants' pleader for cross-examination. At the close of the enquiry the Assistant Charity Commissioner by his order of August 26, 1956, held the Sansthan to be a public trust and ordered its registration as a public trust under the Act.