MADHUKAR VIRUPAX MUTALIK DESAI Vs. VIRUPAXMI BASAYYA

JUDGEMENT

(1.) This appeal is directed against the order dated 4-3-1980 passed by the First Additional District Judge, Belgaum, in Miscellaneous Case No. 106 of 1978 instituted under Section 72(1) of the Bombay Public Trust Act, 1950 (hereinafter referred to as the A xct).

(2.) Sy. Nos. 19 and 23 of Yedur Village, Chikodi taluk are the only two lands concerned in this matter.

(3.) The undisputed facts are that in village Yedur, there is a temple Veerabhadra Dev. In Enquiry No. 8520 of 1952 held under Section 18 of the Act, the said temple was registered as a Public Trust. In regard to These 2 lands, an entry was made in the Public Trust Register showing the royal share namely the revenue of these lands belonged to the Trust as its property. That order was passed on 13-6-1955. The enquiry had been instituted by the Deputy Charity Commissioner on the application given by Virupax Naganath Mutalik Desai under Section 18 of the Act. That application is in the prescribed form. It may be stated here itself that in sub-column No. (vii) these two lands and two other lands are mentioned as properties of the trust. In sub-column No. (xiii) it is made clear that the lands were In his possession as wahiwatdar. He himself requested in the said enquiry by filing the said application that the temple be registered as public trust showing these lands as the properties of the trust. It is also undisputed that during the enquiry, some witnesses were examined whose evidence was not relied upon to such an extent. An uncertified copy of the judgment in Original Suit No. 290 of 1913 filed by the trust as against one Laxmanrao Bhujangrao Huilgolkar of Dharwar was produced. That judgment referred to an award said to have been passed by the Inam Commission in 1857. In that, it is said to have concluded that only the Royal share of the entire lands of village Yedur were the properties of Veerabhadra Dev Trust. After noticing these facts, the then Deputy Charity Commissioner concluded the enquiry and got the entries made in the Public Trust Register as already narrated above.