IDOL OF SHRI NARSINGHJI MAHARAJ Vs. PRABHATI VAISH

JUDGEMENT

(1.) THIS is a defendant's appeal against the judgment of the Addl. Civil Judge, Bharatpur, whereby the first appellate court decreed the plaintiff's suit as a whole which was decreed partly by the trial court with regard to the shop situated on the eastern side holding that the Idol had not been installed on the eastern shop but dismissed the suit with regard to the shop situated on western side holding that the Idol had been installed on the western shop.

(2.) THE plaintiff-respondent had filed a suit against the appellants contending that the plaintiff gifted the disputed two shops on January 17, 1967 with the condition that the shops will be constructed upto Smt. 2024 and Idol installed therein else the gift shall be deemed cancelled. As it was not done, hence the gift deed stands cancelled and it be sold again.

(3.) HAVING heared the learned counsel for the parties, I am of the opinion that in view of the Full Bench decision of Madras High Court in AIR 1927 Madras 636, the principle is well settled that the dedication of the property to God by a Hindu does not require any document and that property can be validly dedicated without any registered instrument. This principle has been followed in AIR 1946 Oudh 256. It has been observed as under : - "the transfer of property to an idol is not bad if it is not covered by S. 5 Such a transfer of property is not subject to the provision of IT Act. He relied upon AIR 1927 Mad. 636. "