SACHIDANAND VIDYA NARASINHA BHARATI SHANKARACHARYA OF SANKESHWAR MATH Vs. CHANMALAPPA GURUSIDH MALAPPA

JUDGEMENT

(1.) THESE three appeals arise out of three suits Nos. 291 of 1932, 667 of 1932 and 253 of 1934 which were filed by different plaintiffs against the same defendant, the Shankaracharya of the Sankeshwar Math.

(2.) THE contentions raised in suits Nos. 291 and 667 of 1932 were the same and both the suits were heard together and decided by the same judgment. THE appeals against both these suits were also heard together by the Assistant Judge of Satara and decided by the same judgment. Suit No.253 of 1934 was heard separately by another Subordinate Judge and the appeal against it was also decided by a different Judge. THE result in all the three cases was the same. THE plaintiffs' claims were decreed. Against the decisions of the Assistant Judge in suits Nos. 291 and 667 of 1932 second appeals were filed in this Court which were summarily dismissed by the Honourable Mr. Justice Macklin. Leave to appeal was subsequently given. All the three appeals involve the same question and have, therefore, been heard together by us.

(3.) THE first question that arises for consideration in the appeals is what is the nature of the inam, granted to the defendant and whether that inam was granted to the Shankaracharya of the Math personally or to the Math itself. THE sanad granted by the Mogul Emperor has been produced in the case. It is exhibit 61 in Letters Patent Appeal No.45 of 1936. THE exact year of the grant cannot be ascertained but the document states that it was granted in the ninth year of the reign of the Emperor Mahomed Shah. THE document, which is in the form of an order to the subordinate officers, is as follows: Now the maiuza of Hatnur on the side of Tasgaon in paraganah Haveli of the said circuit has been settled upon and made over to Shankarachari Math Shankesh-war by way of inam. It behoves that the revenue payable in respect of the said mauza should be given in the charge and possession of the said gentleman and his word should not be disobeyed, in order that he may spend the same on the maintenance of fakeers (i. e. religious mendicants) and engage himself in praying for the continued safety of the everlasting kingdom,. THEy should consider him to be exempted from all civil dues and official taxes. No one should under any circumstances come in the way of the said gentleman for the purpose of recovering the revenue etc. In the year 1760, by which time the country had come under the rule of the Maratha Sovereigns a fresh sanad was granted by the then Maratha King Shambhu Chhatrapati Swami. THE document, which is also in the form of an order to Balaji Babajirao Pandit Pradhan (Prime Minister), runs as follows: Shrimant Shankaracharya ordered the Swami at Karavir that there are inam villages for the maintenance of the Sansthan of Maths at Karavir and Sankeshwar by way of serva inam. But to continue the annachatra, and other religious performances in the Sansthan continuously, the Maharaja should agree to continue the same in inam and should give his sanction and the order be sent to the Ministers that the income should be continued. Taking this into mind that those villages which are inam to Shri's Math should be continued permanently as before. By maintaining the annachatra and other religious duties of the Maths and performing of the festivals of the anniversary days, would bring welfare to the Maharaja and. his kingdom, the said villages with kulbab, kul-kanun, hali-patti, pestai patti and with all trees, water, stones and all other incidents are granted in inam to Shri's Math, excepting previous hakdars and inamdars. THEn follows a description of the eight villages among which is mouje Hatnur Karyat Tasgaon. THE document continues: In all the said eight villages with their previous boundaries are given in inam to Shri's Math, So you should send orders to all the villages concerned and should send annually all the income from the same to Shri's Math permanently and should continue in the line of disciple of Shri's Math. You should not ask for a fresh order every year and a copy of this be taken and the original should be given to Shri's Math for possession and the said villages should be continued as inam with Tijai, Chouthai and Ghasdana, Sahottra and Panchotia and Dulani, Vadhava etc. . . . You should send orders to all the villagers concerned so that the income of the said inam should go yearly for the maintenance of the Samsthan.