VIJAY PULLARWAR & ORS. Vs. SHRI HANUMAN DEOSTAN

JUDGEMENT

(1.) This appeal is filed by the original defendants against the judgment and order of the High Court of Judicature at Bombay, Nagpur Bench in Second Appeal No.364 of 1990 decided on 24th October, 2008, whereby the High Court, in the second appeal, restored the decree of possession of the suit property passed by the trial court against the appellants, by setting aside the judgment and decree passed by the District Court, Nagpur in Regular Civil Appeal No.564 of 1983 dated 21st January, 1989.

(2.) The respondent No.1, Shri Hanuman Deosthan, is a public trust duly registered under the provisions of the Bombay Public Trusts Act, 1950 (presently known as Maharashtra Public Trusts Act, 1950) (for short "1950 Act"). The respondents filed Special Civil Suit No.1127 of 1978 in the Civil Court, Senior Division, Nagpur, for possession on the basis of title. It was asserted that one Bansilal S/o Gangadin Perdeshi Teli, R/o Circle No.3 of Nagpur was the disciple of a Hindu saint by the name of Haridas Baba Vishv. The said saint took Samadhi about 70 years back before the institution of the suit. He had a "Math" situated in Circle No.3 in house bearing No.878, where his (Haridas Baba) Padukas came to be installed. It is stated that the said Bansilal was the Chief Wahiwatdar of the said Math and was looking after the pujas and utsavas performed in the Math. Before his death, which occurred in 1944, he had asked his wife, Yashodabai, to look after and manage the Math and conduct puja and utsavas from time to time in his absence and keep the Math property in good condition from the income of the Math. He had also told his wife Yashodabai that after his death, she may appoint a panch committee in the event she was not in a position to look after the affairs of the Math herself. After 1946, Yashodabai executed a document and appointed a panch committee for the proper management of the Math whilst she remained one of the trustees. That document was registered on 23rd May, 1946 (Exh.41). She had nominated five persons as panchas in the panch committee namely, Shri Badal S/o Giridharilal, Mohanlal Hanuman, Ramjiwan Kaluram, Nandideep Bhangavandin and Onkar Gandelal Pardeshi. Amongst them, Badal was to remain as sarpanch. After his demise, one Chotelal Bhikaji Pardeshi assumed the office of Sarpanch.

(3.) It was further stated that except Ramjiwan Kaluram, all the trustees/panchas had expired by the time the suit was filed. Further, Chotelal Bhikaji Pardeshi, after taking over as sarpanch, made an application on 31st August, 1953 (Ex.63) to the appropriate authority for registration as a public trust under the provisions of the Madhya Pradesh Public Trust Act.