TRILOK CHANDRA Vs. BHAGWATI DEVI ALIAS GOMATI

JUDGEMENT

(1.) THIS revision raises the question as to the scope and object of Section 7 of the Charitable and Religious Trusts Act, 1920 (hereinafter referred to as " the Act "). The matter has been referred by the learned Single Judge (Mr. A. N. Varma, J.) differing with the view taken by this Court in Civil Revision No. 1320 of 1974.

(2.) THE facts are these : Smt. Bhagwati Devi, respondent, is a Managing Trustee of the temples, one of Mahadeoji, and, the other of Shri Dauji Swami. Both the temples are situated in the town of Bhongaon , District Mainpuri. In 1973, Trilok Chandra, petitioner wanted that there should be a Managing Committee to manage the affairs of the temple. He moved the District Judge, Mainpuri under Section 7 of the Act for an order to appoint him and others as Sarvarakars. On May 28, 1973 the District Judge made an order accepting his request. On coming to know of the said order, Smt. Bhagwati Devi filed an application under Section 151, CPC for recalling the order since she was not heard in the matter. THE District Judge after hearing the parties passed the following order :-

(3.) WHEN the matter came for consideration before learned Single Judge, the earlier decision of this Court in Civil Revision No. 1320 of 1974 was cited in support of the contention that section 7 of the Act does not authorise the Court to appoint Committee of Management to manage the Trust. The learned Single Judge found it difficult to share that view. He has accordingly referred the matter to a larger Bench.