CHARITY COMMISSIONER AHMEDABAD Vs. STATE OF BOMBAY

JUDGEMENT

(1.) This appeal arises out of Civil Suit No. 8 of 1969 filed by the Charity Commissioner, Bombay (now the Charity Commissioner, Gujarat) under Section 50 of the Bombay Public Trusts Act, 1960 (hereinafter referred to as 'the said Act') in the Court of the District Judge of Mehsana for settlement of a scheme for the administration of Shri Bahucharaji Mata Sansthan, a temple registered as a public trust under the provisions of the said Act, by superseding or varying "Shri Bahucharaji Matana Golakh Utpanna Vyavastha Niyam, 1943" (Shri Bahucharaji Mata Golakh Income Administration's Rules, 1943), hereinafter referred to as 'the Golakh Rules', which were framed by and/or under the authority of the then ruler of ex-Baroda State and for other incidental reliefs, The suit was dismissed by the learned District Judge by the judgment and decree passed on February 28, 1962 and the original plaintiff has thereupon brought the matter in appeal to this Court.

(2.) The first respondent (original defendant No. 1) is the State of Bombay (now the State of Gujarat) in whom the management of the temple vests. The second respondent (original defendant No. 2) is the Manager of the temple who looks after its day-to-day management. Respondents Nos. 3 to 7 (original defendants Nos. 3 to 7) were the members of the Advisory Committee of the temple at the time of the institution of the suit. The Advisory Committee was reconstituted during the pendency of the suit and respondents Nos. 3 to 5, 7 and 12 to 14 (original defendants Nos. 12 to 14) are the members of the new Advisory Committee. Respondent No. 11 (original defendant No. 11) is the Collector of Mehsana who supervises the management of the temple and is the Chairman of the Advisery Committee. Respondent No. 8 (Barot) and respondents Nos. 9 to 10 (Kamalias), original defendants Nos. 8, 9 and 10 are persons who are entitled a share in the residue of the Golakh income of the temple (income in the shape of offerings in cash or kind up to a specified limit made at five different places in the temple) in proportion of ten annas and six annas in a rupee respectively. These three respondents are the real contesting parties in this ligigation.

(3.) Before dealing with the merits of the dispute between the contesting parties, it would be appropriate to set out the historical background of the temple, particulars regarding the properties and sources of income and management of the temple and genesis of the association of the contesting respondents with the temple and their right to a share in the residue of the Golakh income of the temple.