BIHAR STATE BOARD OF RELIGIOUS Vs. MISSIR

JUDGEMENT

(1.) The plaintiff, the Bihar State Board of Religious Trusts, preferred this appeal before this court against the judgment dated 29th September, 1969, passed by Shri S.M. Ahmmad Second Additional subordinate Judge, Arrah, in Title suit No. 54 of 1965.

(2.) The plaintiff, the Bihar State Board of Religious Trust, instituted the suit for a declaration that the temple and the properties described in the plaint are Hindu Religious Trust Properties and not private trust properties. The plaintiff also prayed that the Judgment and order of the authority under Section 43 of the Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as the Act') be set aside. The suit property comprises of a temple and 5.98 acres of land. In other words, the case of the plaintiff, in short, is that the temple and the properties attached to the temple are Trust properties, and, as such, the provisions of the Act apply to the case of the defendant.

(3.) The suit was resisted by the defendant, Shebait, on the ground that it is a private trust, and, as such, the provision of the act do not apply to the temple in question.