SRI SURAJ KUMAR Vs. RELIGIOUS TRUST

JUDGEMENT

(1.) The defendant has filed this First Appeal against the Judgment and Decree dated 30.08.1974 passed by the learned Add. Subordinate Judge II, Patna in Title Suit No.130 of 1964/ 54 of 1970.

(2.) The plaintiff respondent filed the aforesaid suit for declaration that the temple in question is a public trust property and is under the control of Bihar Hindu Religious Trust Board and the same is neither a private trust nor the private property of the defendant and after adjudication of the same, the order dated 19.09.1964 passed by the authority under Section 43 of the Bihar Hindu Religious Trust be set aside.

(3.) The plaintiff claimed the aforesaid relief alleging that in the temple, the deity of Sri Ram Chandra Ji had been installed and the temple is outside the residential house and is accessible to the general public. The Pujari is outsider who looks for the pooja path. There are considerable properties belonging to the temple. It is not a private trust nor the properties of any individual. Since it is public trust, Bihar Hindu Religious Trust Act is applicable. The temple in question since its inception is a public trust property and even if it was not public trust property earlier, if assumed, the character of public trust because the public at large has been worshipping the idol in the temple since a very long time making offerings in the shape of cash and kind etc. The poors and sadhus and other religious preachers assembled in the said temple on the festive occasions and they stay in the premises of temple free of cost.