GURUNATHARUDHASWAMI GURU SHIDHAARUDHASWAMI Vs. BHIMPPA GANGADHARPPA DIVATE

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court of Judicature at Bombay, dated August 31, 1939, affirming a judgment and decree of the District Judge, Dharwar, dated August 5, 1937.

(2.) THE appeal arises out of a suit filed by the respondent and three others under Section 92 of the Code of Civil Procedure for a declaration that a certain institution known as Shri Sidhaarudha Swami Math was a public trust of a religious or charitable nature, for the framing of a scheme in connection with the institution, and for the removal of the appellant from his position as the head of the institution on the ground that he is unfit to occupy that position, and for consequential relief. THE Shri Sidhaarudha Swami Math would be more accurately described as a Temple than as a Math, but it has been referred to as a Math throughout the proceedings, and will in this judgment be called "the Math. "

(3.) THE Swami came first to Hubli about the year 1877 as a mendicant, possessing no property. In the course of time he began to give discourses on the shastras and claimed to be an incarnation of the God Mahadeo, and as such to be worthy of worship. He collected a large body of disciples and before his death property of very substantial value had been acquired for the purposes of the Math. THE Swami himself took no interest in material matters, being concerned mainly with the religious side of the activities of the Math, and it is on the face of it improbable that members of the public would have given property of substantial value to the Swami for his own personal use. THE evidence shows that in some cases lands were acquired by panchas at Hubli; in other cases lands or ornaments were given direct to the Swami or on his behalf to Shiddappa, the father of the appellant, who had been appointed Mukhtya to the Swami about the year 1920. THE buildings on the land used for the purposes of the Math were erected out of offerings made to the Swami. No disputes in connection with the Math seem to have arisen until the year 1924 when the Swami made a will, giving the whole of his property to the appellant. THE property comprised in the will included the moveable and immoveable properties used or held in connection with the Math, and the right of the Swami to dispose of this property was challenged in suit No.97 of 1927 in the Court of the first class Subordinate Judge at Dharwar, and the matter went in appeal to the High Court of Bombay. It has not been contended before the Board that this suit has any relevance to the present appeal, and it need not be discussed.