GURUPADAYYA CHARANTAYYA ADAVIMATH Vs. CHIKKAYYA

JUDGEMENT

(1.) More than a century go, certain Madvalayya founded a Math, known as Adavi Math" in Mareguddi village, Jamkhandi taluk. In 1890 Madivalayya died His grand-son Parayya became the Mathadhikari. Upon the death of Parayya, one Rachayya became the Mathadhipati. After his death dispute arose as to the right and mode of succession to the Headship of the Math as between two claimants- Chikkayyaswamy and Gurupadayya.

(2.) On 30th May 1952 Chikkayyaswamy presented a petition u s. 18 of the Bombay Public Trusts Act 1950 (shortly called, "The Act") to register the Math as a public trust, and to register himself and Gurupadayya as co- trustees. On 22nd December, 1953, the Assistant Charity Commissioner accepted his case and registered, them as trustees. That order was made without any notice to Gurupadayya. In 1956, Gurupadayya claiming to be the, sole trustee, questioned the legality of the, said order in a, revision petition before the Charity Commissioner us. 70-A of tht Act. On 15th December, 1958 the Charity Commissioner set aside the, order of the Assistant Charity Commissioner and directed a fresh enquiry, pursuant to the said order, the Assistant Charity Commissioner after recording evidence, made an order dated 20th October 1961 recognising the rival clamants as de-facto co-trustees but not as de-jure trustees. The claimants were not satisfied with that order. they appealed to the Charity Commissioner u|s. 70 of the Act. On 19th October 1962, the Charity Commissioner dismissed both the appeals. He however, directed that the, successor to the Mathadhipati could be appointed by nomination or in default by election by the. disciples and followers of the March form amongst the members of the family.

(3.) Aggrieve by the order of the Charity Commissioner, the parties took up the matter before the District Jurge, Bijapur in Application Nos. 62 and 63 of 1964 filed u s. 72(1) of the Act. During the pendency of these applications, Chikkayyaswamy died. Adaviswamy was put on record as successor to the, deceased. On 26th October, 1971 the learned, District Judge, allowed both the applications in part and modified the order of the Assistant Charity Commissioner. He also set aside the direction contained in the order of the Charity Commissioner regarding the mode of successoin. He however, held both Chikkayyaswamy and Gurupadayya should be treated as co-trustees.