SAMBA DIXIT DAMODAR UPADHYA Vs. VATSALA

JUDGEMENT

(1.) This appeal under sub-sec. (6) of the Bombay Public Trusts Act, 1950 (hereinafter referred to as the Act) is from an order of the District Judge, north Kanara (hereinafter referred to, as the Court) appointing respondent

(2.) Herein as the sole trustee of Tambaragouri Temple at Gokarn. Most of the material facts are not in dispute. Tambaragouri Temple at Gokarn, has been registered as a public trust under the Act. Shankar subba Bhat Gopi, who was the sole trustee of the temple, died on 4-1-1972. His daughter (respondent 1 herein) made an application to the Court under sub-sec. (1) of S. 47 of the Act praying that Shama Ganapiah Bhat gopi (respondent 3 herein) might be appointed as the sole trustee of the temple. He filed in the Court a Jahiri signifying his willingness to act as trustee if he was appointed. Two persons filed objections to that application.

(3.) The appellant and another person, Sitaram Narayan Bhat Prasad also made two separate applications to the Court, each praying that he might be appointed as the sole trustee of the temple. To those applications also some persons had filed their objections. The learned District Judge considered all those applications together and by his common order dt. 7-9-1972 appointed respondent 3 herein as the sole trustee of the temple. In this appeal, the appellant has challenged that appointment. Mr. T. S. Ramachandra, learned Counsel for the appellant, urged the following two grounds : (i) The learned District. Judge could not appoint as the sole trustee respondent 3 herein who had not, himself made an application under section 47 (1) praying that he might be so appointed; and (ii) The appellant was better qualified than respondent 3 to be appointed as the sole trustee of the temple.