KISHORE JOO Vs. GUMAN BEHARI JOO DEO

JUDGEMENT

(1.) THIS is an execution second appeal filed by the judgment-debtor. There was a temple where the deity of Sri Guman Behari Joo Deo is installed. It lay within the territories of the erstwhile State of Charkhari. The Maharaja of Charkhari was the Shebait. It appears that after Independence the territory of Charkhari came to be administered by the State of Uttar Pradesh. The Collector of Hamirpur was appointed Administrator of the temple.

(2.) ON 11-5-1951 a suit was filed on behalf of the Idol through the District Magistrate, Hamirpur as Administrator. The suit was decreed on 11-5-1961 and a money decree was passed in favour of the Idol. ON 8-10-1960 the Governor of Uttar Pradesh executed a Trust deed and created a trust called the Sri Guman Behari Joo, Rainpur Temple Trust by a deed registered on 18-8-1961. Among the recitals in the Trust deed were the following : "Know all men by these presents that I, the Governor, the Uttar Pradesh (hereinafter referred to as ' the Settlor') do hereby constitute and creat a Trust to be called as Sri Guman Bihari Ju Rainpur Temple Trust: Whereas arising out of Art. 11 of the covenant for the formation of the former United State of Vindhya Pradesh, an inventory of private properties of His Highness the Maharajadhiraja of Charkhari was settled between the Government of India and His Highness Maharajadhiraja Jahendra Singh Ju Deo Bahadur of Charkhari and in that connection it was decided that the temple of Sri Guman Bihari Ju, Rainpur and its attached properties, should be managed as a public trust; And whereas in consequence of the promulgation by the Governor-General of the Provinces and States (Absorption of Enclaves) Order, 1950, the management of the Rainpur Temple which formerly vested in the Ruler of the former Charkhari State, devolved on the Government of Uttar Pradesh (hereinafter called ' the State Government') as the authority in succession, and the Government of India has, after informing the said Maharajadhiraja authorised the State Government to settle and create a Trust for the management of the said Temple and its attached properties; And whereas the State Government has decided to create a Trust in the manner hereinafter appearing;" Under the deed of Trust various trustees were appointed and the District Magistrate of Hamirpur, if he happened to be Hindu was also to be a trustee. The tenure of the trustees was also provided for. Thereafter cl. (3) provided that:- "The Trustees aforesaid shall collectively be called ' the Board of Trustees' . From amongst the Trustees the State Government shall appoint a person to be the Chairman of the Board of Trustees who shall exercise such power and perform such duties as have been assigned to him by these presents." Thereafter cl. (4) provided: " All rights, title and interests in the Mid temple and the ownership of its properties, whether immovable or movable, shall stand transferred to, and shall vest in the said Trust, as from the date of execution of these presents." Clauses 12 to 16 run as follows : 12. The management and control of the property and affairs of the Trust shall be vested in Board of Trustees with power and authority to make due provision for the purpose of the administration of the Trust and its properties and for the conduct of their business, in such manner and subject to such rules and regulations as the Board of Trustees may prescribe from time to time. 13. The trustees shall transact their business in a duly invited and assembled meeting which would ordinarily take place at least twice a year. The vote of majority shall prevail at their meetings. The Chairman shall have an additional or casting vote in the case of equality of votes. 14. The time and date and place of meetings shall be determined by the Chairman. ON the requisition in writing by any of the Trustees, the Chairman shall convene a special meeting of the Board of Trustees for considering any matter mentioned in the requisition. Fifteen clear days' notice for an ordinary meeting and seven days' notice for a special meeting shall be given to each of the Trustees. Three Trustees shall form a quorum at all meetings of the Board of Trustees but no quorum shall be necessary for an adjourned meeting. 15. At meeting at which His Highness the present Maharajadhiraja is present he shall take the chair instead of the chair being taken by the permanent Chairman. But the day-to-day management of the Trust and enforcement of the decisions of the Board, including decisions reached at a meeting presided over by his highness shall be the responsibility of the permanent Chairman. 16. The Chairman may with the approval of the State Government appoint a Secretary to the Board of Trustees and such Secretary shall carry out such duties under the direction, supervision and guidance of the Chairman as the Chairman may, with the approval of the Board of Trustees, assign or entrust to him from time to time."

(3.) THE objection was dated 21-10-1963 and ran as follows:- " 1. That the Collector as administrator had no right to file the suit on behalf of Shri Guman Bihari Ju Deo the decree-holder temple or the idol because he had not been validly appointed the Sarvarakar of the temple. As the suit was not properly filed the present decree is inexecutable. THE application is liable to be dismissed. 2. That the decree having been obtained by the Administrator when the administrator ceased to function and a trust came into existence, it could be executed after the creation of the trust only by or on behalf of trustees and not by administrator or Sarvarakar. THE trust ought to have been brought on record when the execution application was filed. 3. That even if the collector be one of the trustees he has not got the decree executed in his capacity as a trustee nor is he so authorised. 4. That the deed of trust is itself invalid and illegal. 5. That for the reason stated above the execution application is not maintainable and liable to be dismissed."