SHAH JAGMOHANDAS PURSHOTTAMDAS Vs. JAMNADAS VRAJLAL GANDHI

JUDGEMENT

(1.) There is in the town of Dakore an ancient temple of Shri Ranchhod Raiji which has since hundreds of years attracted large numbers of devotees from all over India and become a place of pilgrimage and worship for Hindus of all sects and denominations. Towards the end of the last century disputes arose as to the management of the temple and at least two suits were brought in respect of the management. In one of the suits a Scheme for management of the temple was framed by the District Court of Ahmedabad which was the Court then having jurisdiction over the town of Dakore and on appeals being brought to the High Court of Bombay the High Court made substantial modifications in the Scheme as framed by the District Court and sanctioned the Scheme so modified. It is rather important to note that in the Scheme as originally framed there were various functions assigned to the District Judge of Ahmedabad but when the Scheme was notified by the High Court a departure was made in that the references as to the District Judge of Ahmedabad were deleted and instead in relation to some of the functions under the modified Scheme the District Court of Ahmedabad was substituted for the District Judge of Ahmedabad. What significance must attach to this change of expression is a matter which I shall discuss a little later; but suffice it to state for the present that while modifying the Scheme the High Court made a change and used the expression District Court of Ahmedabad in substitution of the expression District Judge of Ahmedabad which was used in the Scheme as originally framed by the District Court. From the decision of the High Court the matter was carried in appeal to the Judicial Committee of the Privy Council; but the Judicial Committee of the Privy Council refused to interfere with the Scheme as sanctioned by the High Court and affirmed the Scheme subject to a few minor modifications which were suggested by Their Lordships of the Judicial Committee and which were assented to by counsel for the respondents.

(2.) The Scheme as finally sanctioned by the Judicial Committee of the Privy Council provided for the administration of the properties of the temple to be carried on by a Trust Committee called The Dakore Temple Committee. The Committee was to consist of five members all of whom were required to be Hindus professing faith in Shri Ranchhod Raiji. The first five members of the Committee were appointed by Clause 3 of the Scheme while the future constitution of the Committee was provided in Clauses 4 5 6 and 7 which were in the following terms:-

(3.) Clause 12 of the Scheme enumerated the powers of the Committee and sub-clauses (7) and (16) of Clause 12 which are material for the purpose of the present Revision Applications provided that the Committee shall have power:-