SHIVAPPA VEERAPPA MASUR Vs. SHRIMAN MAHARAJ NIRANJAN JAGADGURU

JUDGEMENT

(1.) In these two appeals, the parties are common and the questions of law that arise for determination are also common. As in the Courts below, we propose to dispose of these two appeals by a common order.

(2.) An Act called "The Bombay Trusts Act of 1950" (Bombay Act, XXIX of 1950) (hereinafter referred to as 'the Act,) was enacted by the erstwhile State of Bombay to regulate and make better provisions for the administration of public religious and charitable trusts in the State of Bombay. The Act was placed on the statute book on 14th August, 1950 but it came into force from 21-1-1952. Among others the Act provided for filing of applications for registration of public religious and charitable trusts in the State of Bombay. Evidently in compliance of the Act, one Shri Mallikarjuna Devaru as the Trustee Manager of two Maths called Hosa Math and Kal Math situated in Haveri and Thondur villages of Dharwar District respectively filed an application on 28-5-52 before the Asst Charity Commissioner, Belgaum, who had jurisdiction over the then Revenue Districts of Belgaum, Dharwar, Karwar and Bijapur, otherwise called as Bombay-Karnataka area now merged in the new State of Karnataka under Sec.7 of the States Reorganisation Act (hereinafter referred to as 'the Assistant Commissioner'), numbered as Inquiry No. 10728 52 of the said two Maths inter alia stating as under : Form of application for registration. On the said application, the Asst Commr with the assistance of assessors conducted a regular enquiry and by his order dt.29-12-54, registered the two Maths as public trusts under the Act. In pursuance of the said registration the two Maths are being administered from the date of registration under the Act. At this stage it is necessary to notice that the original applicant, respondent-1 or any other person, did not challenge the order of the Asst Commr in any legal proceeding and allowed the matter to stand for well over 17 years. Like a Rip Van Winkle on 23-12-72 respondent-1 filed a revision petition under Sec.70A of the Act before the Charity Commr Karnataka Area, Belgaum, (hereinafter referred to as 'the Commissioner') challenging the order dt.29-12-54 of the Asst Commr which was registered as Revision Petition No.42/72.

(3.) On 28-5-1952, one Shri G. Mattara Gurubasappa Magavi claiming to be the manager of respondent-l filed an application under the Act be fore the Asst Commr for registration of 14 Maths detailed in the application situated in his jurisdiction which was registered as Inquiry No. 107291 52. In column No.14 of the application it is stated that the same is filed under protest. In a memorandum accompanying the application, Gurubasappa Gurushanthappa Magavi inter-alia stated as under : In the enquiry one Shri Bagavalinga Shastry was examined as a witness on behalf of the applicant in the case This witness was also the power of attorney holder of respondent-1. In his evidence recorded on 7-7-55 the witness among others, has deposed as under: I am the attorney of Shri Jagadguru Swamy of Chitradurga. The branch Maths of the principal Math are shown in the application for registration. The Swamy has appointed his representatives to all these Maths. Accordingly, they manage the Maths and the properties. The Jagadguru Swamy has the authority to appoint' the Swamis to those Maths. The income of the respective properties is taken by the respective Swamis. Notwithstanding the above on the conclusion of the enquiry, the Asst Commr, by his order dt.7-7-55 taking the view that the 14 Maths were the branch Maths of the principal Math situated in the Dist of Chitradurga which was then a part of the erstwhile Mysore area registered the principal Math as a public trust under the Act in respect of the said 14 Maths and directed the issue of a certificate in the name of respondent-1. At this Stage it is necessary to notice that respondent-1 or any other person did not challenge the order of the Asst Commr in any legal proceeding and allowed the matter to stand for well over 17 years and therefore the 14 Maths are being administered from 7-7-55 under the Act. From the original records, it is seen that various transactions like sales of the properties belonging to the Maths have been regulated under the Act. As in the previous case, on 23-12-72 respondent-1 filed a revision petition under Sec.70A of the Act before the Commr challenging the order dt.7-7-55 of the Asst Commr which was registered as Revision Petition 43 of 1972.