MAHANT GOVIND SHARANDAS Vs. RAGISTRAR, PUBLIC TRUST, RAIPUR

JUDGEMENT

(1.) L . P. A. Nos. 68/86 and 69/86 have been filed by the dis -satisfied parties against the judgment and decree dated 30/7/86 passed in First Appeal No. 113/81 whereunder learned Single Judge of this Court while approving the scheme and appointment of 9 trustees, has set aside certain findings and directed appointment of Mahant Govind Sharandas as one of the trustees, modifying the order dated 3.7.81 passed in M. J. C. No. 11/74 (old No. 35/70) by the learned Addl. Distt, Judge, Raipur.

(2.) THE case concerns an ancient temple situate at Raipur which is known as Shri Ramchandra Swami Temple, Purani Basti, Raipur or as Nagridas temple. The temple is endowed with considerable properties. The "Mahant" or religious head of the institution in 1837 was one Artidas who was succeeded by his Chela Gulabdas. After the death of Gulabdas in 1874 he was succeeded by Nagridas allegedly under Guru -Shishya Proampara. Artidas, Gulabdas and Nagridas were the trustees and manager of the property of the deity instituted in the temple and also claimed to be Mahant of the temple. In 1886 Civil Suit No. 3/86 was filed by one Jaiwantibai, widow of the descendent of the founder of the institution, seeking removal of Nagridas and rendition of accounts. On 3.4.1889 an application for compromise was filed on strength of which a judgment was passed on 3.4.1889 itself in Civil Original Suit No. 3/1886. The said judgment and decree are on record. In the said suit it was alleged by Jaiwantibai that Nagridas had misappropriated the temple funds and property and he was of immoral character. The compromise agreement and decree provided for the removal of Nagridas from the trusteeship and not from the officer of the' 'Mahant'' and for substitution of a committee of 3 named persons with provision for the appointment of others in vacancies occurring in the committee of the three. Thereafter a committee was appointed and the property remained in possession of some persons who were looking after the funds. income and property of the temple.

(3.) MAHANT Radhikdas instituted a Civil Suit No. 31/1926 in the Court of Sub -Judge, Class II, Raipur for rendition of account against Gangaram alleging therein that he was Mahant of the temple of Shri Ramchandra Swami and Laxman Swami of Raipur. His Guru Nagridas was Mahant of the temple and he was the trustee and manager of the temple property. Radhikadas claiming to have the office of the Mahant and trustee after the death of Nagridas in 1910, on attaining majority in 1920 served a notice on Gangarma claiming possession of the temple property and actually took possession of the property. Radhikadas in the said suit alleged that defendant Gangaram alone managed the properly and collected the income thereof from 1895 to 1920. Therefore, he was liable to render the accounts for all those years. This Civil Suit No. 31/1926 was ultimately decreed by the Sub Judge Class II Raipur vide its judgment dated 29.2.1928 and a preliminary decree in favour of Radhikadas was passed directing that account of the income and expenditure of the suit property be taken from Gangaram for the period form 1895 to 1920.