ASHARAM DIXIT Vs. HARINARAYAN

JUDGEMENT

(1.) THE single Bench has referred the second appeal to be heard by Division Bench of this Court as per order dated 20 -1 -2005, as limited question has not been referred to the larger bench, entire appeal has been referred. Consequently, we are required to decide this appeal on merits.

(2.) THE plaintiff -respondents instituted instant Civil Suit No. 17 -A/83 for setting aside an order dated 6 -5 -1974 passed by the Registrar, Public Trust under M.P. Public Trusts Act, 1951 (hereinafter referred to as 'the Act of 1951') and for holding that temple Shri Dev Kishore Ji, Idols of deity Radha Krishna is a public trust, since it is not a private trust defendant -appellant Asharam Dixit has no right to manage the same. Prayer was made in the civil suit for declaration that the trust constituted vide deed dated 29 -1 -1947 is a public trust.

(3.) THE defendant -appellant resisted the claim on the basis of a registered deed dated 24 -4 -1967 by which an earlier deed dated 29 -1 -1947 constituting a public trust of Shri Dev Nand Kishore Ji temple was cancelled and by a registered deed dated 2 -3 -1967 late Bhagwandas declared it to be a private trust. Asharam was appointed to be Sarvarahakar.