MAHADBA ROMAJI BIDKAR Vs. SHREE MAHADOBA DEVASTHAN

JUDGEMENT

(1.) THESE are cross -appeals against the decree in Civil Suit No. 36 of 1946 of the file of the Joint Civil Judge (Senior Division), Poona, The plaintiff, Shree Mahadoba Devasthan, filed Suit No. 36 of 1946 for a declaration that certain alienations of the lands described in the plaint by previous managers were void and that the lands were of the ownership of the Devasthan and for a declaration that the plaintiff was entitled to recover possession of S. Nos. 240 -A, 242, 243 and 244 from the Government of Bombay and for a decree for possession of S. No. 245 from the defendants and for costs of the suit from the defendants. Even though relief was claimed for possession of S. Nos. 240 -A, 242, 243 and 244 against the Government of Bombay, in substance the plaintiff claimed the relief that the rent which was being paid for occupation of the lands by the Government should be paid to the plaintiff and after the land was vacated possession should be delivered to the Devasthan.

(2.) IN the village of Theur in Haveli Taluka of Poona District there is a religious endowment known as Shree Mahadoba Devasthan which owns certain properties. The image of Shri Mahadoba is installed in house No. 586 in Kasba Peth, Poona City. One Ganoji Bin Rakhamaji Sali Waghule was a devotee of Shree Maliadoba. By a grant exh. 81 of Shake year 1694 (1772 A.D.) Shrimant Madhavrao Peshwa granted certain lands in the villages of Lohagaon and Kesnand in inam to the Devasthan of Shri Mahadoba and issued orders in that behalf to the revenue officers. Thereafter at the Inam Inquiry of 1863 the grant in favour of the Devasthan was confirmed by the Government of Bombay. Ganoji, and after his death his sons and grandsons continued to manage the property of the Devasthan, For some time before the year 1863, Chimnaji, one of the descendants of Ganoji, was in management of the property of the Devasthan. Some time before the year 1863, Chimnaji granted Mirashi rights in S. Nos. 240 -A and 242 to one Ladha Ibrahim, in consideration of the latter agreeing to pay Rs. 45 per annum. In 1863 Ladha Ibrahim sold the rights acquired by him to one Ghelabhai. In 1879 Ghelabhai retransferred the rights to Ladha Ibrahim and thereafter on July 4, 1930, one Zullubai, a descendant of Ladha Ibrahim, sold the rights vested in her to defendants Nos. 1 and 2. Chimnaji died leaving him surviving his son Waman; and Waman entered upon management of the properties of the Devasthan. By deed dated January 29, 1930, Waman transferred the Mirashi rights in S. Nos. 243, 244 and 245 to defendants Nos. 1 and 2 for Rs. 6,750. It appears that lands S. Nos. 240 -A, 242, 243 and 244 were requisitioned by the Government of Bombay for State purposes and S. No. 245 alone remained in the occupation of defendants Nos. 1 and 2. Thereafter Keshav, son of Waman, claiming to be the Wahiwatdar of Shree Mahadoba Devasthan, filed on behalf of the Devasthan Suit No. 36 of 1946 on June 6, 1946, for the reliefs which we have set out earlier. At that date, it may be noted, Waman was alive, and he was impleaded as defendant No. 3 in the suit.

(3.) THE learned trial Judge by his judgment dated March 11, 1948, held that there was a Devasthan of Shree Mahadoba and a grant was made in 1772 A.D. by Srimant Madhavrao Peshwa to the Devasthan, and that Ganoji Rakhamaji was a 'trustee' and the 'trusteeship' was hereditary in his family. But in his view, Keshav, son of Waman, could not sue on behalf of Shree Mahadoba Devasthan, and on that view, the learned Judge proceeded to dismiss the suit filed by Keshav.