GOSWAMI SHRI MAHALAXMI VAHUJI Vs. RANCHHODDAS KALIDAS

JUDGEMENT

(1.) The main question for decision in this appeal is whether the Haveli at Nadiad in which the idol of Shree Gokulnathji is installed as well as the other properties detailed in plaint schedules A and B are the properties of a public religious trust created by the followers of Vallabh cult residing at Nadiad.

(2.) The history of the suit institution and its management as also the various pleas taken by the parties have been elaborately set out by the High Court in a well considered judgment. Hence we shall refer only to such pleas as are necessary to decide the contentions advanced before us.

(3.) The plaintiffs are the residents of Nadiad. They are Vaishnavites. They belong to the Vallabh Sampradaya. They sued for a declaration that the properties mentioned in Schedules A and B of plaint are properties of the ownership of the trust mentioned earlier. They are suing on behalf of the Vallabha Sampradayees residing at Nadiad. According to their case as finally evolved that even during the last quarter of the 18th Century, the Mandir of the Gokulnathji existed at Nagarwad in Nadiad Prant, but in about 1821, a new Mandir was constructed by the followers of the Vallabha school at Santh Pipli, Nadiad and the idol of Gokulnathji which was previously worshipped at Nagarwad was taken and consecrated there. In about 1831 they invited Goswami Mathuranathji, a direct descendant of Shri Vallabhacharya to come over to Nadiad and take up the management of the Mandi as its Maha Prabhu. According to the plaintiffs the Mandir in question was constructed by the Vallabha Sampradayees and the expenses of the sevas as well as the utsavas performed in the Mandir were contributed by them. They further say that the properties belonging to the trust were purchased from the contributions made by the devotees of that temple. They assert that the persons belonging to the Vallabha Sampradaya have a right to have darshan of the deities in the Mandir, according to usage, as of right. In short their case is that the Mandir in question is a place of public religious worship by the persons belonging to the Vallabha Sampradaya and the Maha Prabhu is only a trustee. He has a right to reside in the upstair portion of the Mandir and further he can utilise a reasonable portion of the income of the trust, after meeting the requirements of the trust for his maintenance as well as the maintenance of the members of his family. They contend that the suit properties were dedicated to Shree Gokulnathji and the Maha Prabhu has no independent right of his own in those properties. It is further said that the management of the temple was carried on efficiently by Mathuranathji and his descendants till about the time Annirudhalalji became the Maha Prabhu in Samv. 1955. Annirudhalalji under evil advice sought to secure the Jamnagar Gadi and for that purpose spent enormous sums of money from out of the funds belonging to the suit temple. He also incurred considerable debts in that connection. He died in Samv. 1992. Thereafter defendant No. 1, his widow took over the management of the suit temple and its properties.During her management she began to assert that she was the absolute owner of the suit properties including the suit temple. She alienated several items out of the suit properties. Hence they were constrained to bring the suit under appeal for the declaration mentioned earlier and also for a further declaration that the alienations effected by her are illegal, improper and unauthorised and not binding on the deity. They also sought a mandatory injunction against defendants Nos. 2, 7 to 14 to restore lot No. 2 property in Sch. A to defendant No. 1 for the benefit of the deity Shree Gokulnathji after declaring that the sale deed dated 19, April, 1953, passed by defendant No. 1 to defendant No. 2 in respect of it is illegal, improper, unauthorised and without consideration and the same is not binding on the deity. They have also asked for a permanent injunction against defendants 3, 4, 5 and 6 restraining them from enforcing the mortgages, dated 14th March, 1939, 27th January, 1942, 12th January, 1942 and 17th December 1941, passed by defendant No. 1 in their favour. The suit was mainly contested by defendant No. 1. According to her Goswami Mathuranathji Maharaj was the owner of the idol Shri Gokulnathji. It is he who established the Haveli at Nadiad and founded his Gadi there; he was not only the owner of the Haveli but he was also the owner of the deities that were being worshipped in that Haveli. She further pleaded that as per the tenets and usages of the Vallabha school, it is not possible for the members of that cult to found a temple. They can only worship through the Acharya (Maha Prabhu) in his house known as Haveli. According to their cult the Goswami Maharaj otherwise known as Maha Prabhu is the emblem of God head and the living representative of divinity. She went further and took up the plea that according to the Vallabha Sampradaya no deity can own any property. She further averred that Mathuranathji Maharaj and his descendants received from time to time presents and gifts made by his followers. Those presents were made to them as a mark of reverence and respect to them and with a view to receive their grace. They were the absolute owners of the idols they worshipped, the presents and gifts made to them and of the properties acquired by them. She denied that the Haveli in which Shri Gokulnathji is worshipped is a public temple. She also denied that the Vallabh Sampradayees were entitled to have the Darshana of that deity in that Haveli as of right. She denied the plaint averments that all or any portion of the suit properties were acquired from the funds raised by the devotees or that the sevas or festivals were conducted from out of the contributions made by them. She justified the impugned alienations mainly on the ground that she had absolute right to deal with the suit properties as she pleased. The other defendants supported the defence taken by the 1st defendant. They further pleaded that the alienations effected in their favour were supported by consideration and they were bona fide alienees and therefore those alienations are not open to challenge.