BALKRISHNA MOTIRAM GUJAR Vs. SHRI UTTAR NARAYAN DEV

JUDGEMENT

(1.) The plaintiff, a manager of a temple, sued to recover Rs. 20 a year due for three years on a grant for providing lights in the temple under a document termed a vyavasthapatra executed by the deceased Motilal. The defendant pleaded that the grant was invalid owing to his adoption at the time of the execution of the vyavasthapatra by the deceased Motilal.

(2.) The Subordinate Judge held at the trial that the grant was not invalid as the adopted son s natural father had consented to it at the time of the execution of the vyavasthapatra by the deceased Motilal. This decision was affirmed on first appeal by the District Judge, and the matter has now been brought for final decision in Second Appeal to this Court.

(3.) It is admitted that the case concerns ancestral property and that the natural father did consent on behalf of his son to this grant towards lighting the temple as thus described in the vyavasthapatra .-- I have become old and I have been ill for many a day. According to the ways of this mortal world there is no saying when death will come....I entertaining a desire to take a boy in adoption and with a view that my lineage should continue and after my death my funeral and other death ceremonies should be performed....I have this day taken Bababhai s son Vallabhdas in adoption. therefore...I execute this deed of management regarding the manner in which the management should take place after my death....I will maintain my adopted son Balkrishna during my life-time and after my demise my brother Bababhai Vithaldas should maintain him. And for that purpose ho should got (every year) annually one hundred rupees 100 and the management of the estate should be carried on behalf of the boy till be attains the age of twenty one years by Bababhai....Out of the yield of the next three years income after keeping aside Rs. 100 for the maintenance of the long- lived Balkrishna the balance (so remaining) should be expended every year towards performing permanently the following charitable deeds :....For the purpose of lighting lamps in the temple of Shri Uttar Narayan situate at Alibag Rs. 20 should be paid every year....The sum mentioned above that is indicated to be expended towards performing the charitable deed is to be expended after three years income will have accumulated and the charitable deeds should be performed out of the interest over that sum (so accumulated)....The religious (charitable) deeds referred to above should be permanently carried on after my demise....And this religious charitable deed is a hereditary one to be performed from generation to generation from son to grandson after my demise....On my estate there is a charge created for the sums to be expended on the charitable deeds.