text stringlengths 5 5.67k |
|---|
It follows that an institution which comes within the definition of 'math ' under the Act, ipso facto comes within the expression 'Hindu public religious endowment ' and therefore becomes subject to the provisions of the Act. Ratio |
In this connection, reference may be made to the definition of 'temple '. Ratio |
While the definition of 'temple ' requires that the place would be a temple if it be used as a place of public religious worship, there is no requirement that an institution to be a math must be a public institution for the promotion of the Hindu religion. Ratio |
The use of the word 'public ' was not necessary in connection with an institution for the promotion of the Hindu religion as any institution for such promotion of the Hindu religion must be of a public nature; the object being to promote Hindu religion, there would be no point in shutting the benefit of the institution... |
The beneficiaries of a math are the members of the fraternity to which the math belongs and the persons of the faith to which the spiritual head of the math belongs, and constitute therefore at least a section of the public. Ratio |
Maths, in general, consequently, are public maths. Ratio |
We say nothing as to whether there can be a private math or not. Ratio |
Mukherje a states at p. 390, in his 'Law of Endowment ', 1st Edition: "By private math should be meant those institutions where the head or superior holds the property not on behalf of an indeterminate class of persons or a section of the public but for a determinate body of individuals, viz., the family or descendants... |
" In the present case, there is no evidence as to who actually founded the Math by granting the property to the spiritual preceptor. Ratio |
However, there is no evidence, whoever the founder be, that any particular family is the only body of persons who is interested in the Math. Ratio |
The spiritual family of the preceptor consisting of his disciples and the disciples in succession, cannot be deemed to be such a private family for whose benefit 443 the Math is founded and on that account the Math be called a private Math. Ratio |
The body of disciples and the disciples ' disciples etc., is a very unascertainable body. Ratio |
The Emar Math is therefore not such a private math. Ratio |
Much has been said on either side with respect to the onus in connection with the Math being public or not. Ratio |
Onus loses its importance when the parties have led evidence sufficient to determine the matter ' in dispute. Ratio |
The High Court agreed with the trial Court that the onus was on the plaintiff appellant to establish that the institution was the private property of the Mahant. Ratio |
It is said in para 10 of its judgment that the initial burden of showing that the Commissioner 's decision was wrong was on the plaintiff and that apart from the appellant 's position as plaintiff he had a heavy burden to establish affirmatively that the institution was the private property of the Mahant. RLC |
Reliance is placed on several cases of which reference may be made to Parma Nand vs Nihal Chand(1) in which the Privy Council approved of the view of the High Court that it was for the defendants to prove that the plaintiff who was admittedly in possession of the property held it on a trust created for a public purpose... |
Narain Das then instituted the suit which ultimately went to the Privy Council. PRE |
Section 5(3), the Charitable and Religious Trusts Act, 1920 (Act 14 of 1920) provides for the stay of proceedings before the Judge under section 3 of that Act, in order that the person denying the public nature of the trust may institute a suit for a declaration that the property was not trust property. STA |
There was no decision of any binding nature by the Court or by any authority which was to be avoided by the plaintiff instituting a suit for a declaration that the property was not trust property. Ratio |
In the present case the suit was instituted in pursuance of section 64(2) of the Act which provides that any person affected by a decision under its sub section Ratio |
(1) may, within one year, institute a suit in the Court to modify or set aside such decision and that, subject to the result of such a suit, the order of the Commissioner shall be final. Ratio |
The plaintiff appellant instituted this suit for the setting aside of the order of the Commissioner under sub section Ratio |
(1) of section 64 holding the institution to be a 'math ' as defined in the Act and the property belonging to it endowed properties. Ratio |
This order of the Commissioner is final, subject to the result of the suit. Ratio |
The plaintiff has to get over it to avoid that decision. Ratio |
The onus is therefore initially on the plaintiff to show that the (1) L.R. 65 I.A. 252. Ratio |
444 order of the Commissioner is wrong and this he can only show by establishing prima facie that the Math is not a math as defined in the Act and that the various properties were not endowed properties. Ratio |
Learned counsel for the parties have argued on the basis that The Act applies to public maths. Ratio |
It is urged for the appellant that it is not proved to be a public math, while the respondent contends to the contrary. ARG |
Undoubtedly, the Math had been in existence for over two centuries. Ratio |
Oral evidence about the founding of the Math could not be possible after such a long period. Ratio |
The mahant of the Math has not come in the witness box. Ratio |
The Courts below have held the Math to be a public math on the basis of several considerations. Ratio |
These are that the Mahants had been celibate and therefore not likely to have personal ownership in the property including even the dakshinas or cash offered to them, by disciples or other devotees. Ratio |
Religious books, viz. the Bhagavad Gita and the Ramayan, are recited daily in the temple of Raghunathji. Ratio |
There was also the image of Ramanuj, the founder of the cult. Ratio |
This image is carried in procession for five days around the compound of the main temple of Lord Jagannath at Puri. Ratio |
This could be to provide darshan to the devotees of the Vaishnav faith. Ratio |
Some ascetics called babajis reside at the math and are fed by the math authorities. Ratio |
The buildings of the math are many, much beyond the requirements of the Mahant and the few resident disciples. Ratio |
The Mahants of this Math have the privilege of rendering service to Lord Jagannath both in the temple and in the Gundicha Mandir. Ratio |
They also manage the Amrit Manchi properties the proceeds from which are utilised for offering bhog to Lord Jagannath and the Maha Prasad therefrom is distributed to the poor pilgrims and the Vaishnav visitors. Ratio |
Apart from these considerations, certain documents relied upon by the High Court tend to favour the finding that Emar Math is a public math and that the various properties, though ostensibly acquired by the Mahants, were really acquired for the Math. Ratio |
The first document of importance in this respect is Exhibit 110 of 1767. Ratio |
It is a deed of gift by a private person in favour of Sadhu Emar Gosain, the Adhikari of Ramanuj Kote Math. Ratio |
P.W. 2 states that Ramanuj Kote belongs to Emar Math area. Ratio |
The plaint alleges that the premises in suit had been known by different names. Ratio |
The gift deed states that the donee will enjoy the property gifted in perpetuity. Ratio |
The idea of perpetuity is further emphasised when it is said in the gift deed: "Your Chelas, Sishyas and Anusisllyas shall all enjoy this property for ever in perpetuity until the sun and moon last." Ratio |
This stipulation shows that it was not a gift personally to Emar, that the gift was for the benefit of chelas, sishyas and anusisllyas and that it was in favour of persons indeterminate in number. Ratio |
The 445 fact that the chelas are distinguished from sishyas and anusisllyas shows that the chela is the nominee of the Guru for the purpose of succession and that though the chela would succeed to the Gaddi, he would hold the properties not for personal enjoyment but for the benefit of sishyas and their sishyas indicat... |
Further, the land donated by this document admittedly is a portion of the site on which the Math stands. Ratio |
The gift of such land could be for no other object but for the purpose of the construction of the Math and therefore a gift to the Math, though it would normally be in the name of the Mahant, the head of the Math. Ratio |
Another document of importance in this connection is the Will, Exhibit 140, executed by Mahant Mohan Dass in 1857 in favour of his disciple who was the subsequent Mahant by the name Mahant Raghunandan Das. Ratio |
This Will, besides speaking of the careful training given to Raghunandan Das making him fit to succeed to the gaddi, states : "After me the said Raghunandan as my successor in the Mahantai Gaddi shall become the Mahant, Malik and Gadanashin and shall continue to exercise ownership and possession in respect of all the p... |
The last expression with respect to giving of food and shelter to Vaishnay guests and other persons arriving in the Math etc. indicates that visitors. Ratio |
belonging to the Ramanuj Sampraday, used to visit the Math when on a pilgrimage to the Lord Jagannath Temple and the Mathadhish of Emar Math used to give shelter and food to them and the will enjoined the nominee to continue that practice. Ratio |
Such a practice shows that the beneficiaries of the Math properties were again indeterminate in number. Ratio |
The gift being to the Math. Ratio |
though ostensibly in the name of the Mahant, the Mahant held the properties as a trustee for the indeterminate class of beneficiaries, viz., sishyas, anusishyas and visitors. Ratio |
This stamps the Math with the public character. Ratio |
It is significant to note that there is not a word in this document to the effect that Mahant Mohan Das possessed any private property and that such private property was to go to Raghunandan Das who was to succeed him on the gaddi or to somebody else, The only conclusion from such an omission can be that Mahant 446 Moh... |
Whatever he possessed and over which he exercised ownership was considered to be the property of the Math or properties connected with the Math and that his successor was to exercise ownership and possession over all such properties. Ratio |
We therefore hold that the Emar Math is a math as defined in the Act and that it is a public math. Ratio |
The history of the Emar Math, according to the passage in the Puri Gazetteer, fits in with our finding. Ratio |
The High Court has relied on what has been stated in the Puri Gazetteer of O 'Malley of 1908, at pp. Ratio |
112 113. Ratio |
The relevant portion of the passage relied on is the following: "No account of Jagannath worship would be complete without some account of the maths in Puri. Ratio |
Maths are monastic houses originally founded with the object of feeding travellers, beggars, and ascetics, of giving religious in struction to chelas or disciples, and generally of encouraging a religious life. Ratio |
The heads of these religious houses who are called Mahants or Mathadharis are elected from among the chelas, and are assisted in the management of their properties by Adhikaris who may be described as their business managers. Ratio |
They are generally celibates but in certain maths married men may hold the office. Ratio |
Mahants are the gurus or spiritual guides of many people who present the maths with presents of money and endowments in land. Ratio |
Thus, the Sriramdas or Dakshinaparswa Math received rich endowments from the Mahrattas its abbot having been the guru of the Mahratta Governor; While the Mahant of Emar Math in the eighteenth century who had the reputation of being a very holy ascetic, similarly got large offerings from his followers. Ratio |
Both Saiva and Vaishnava Maths exist in Puri. Ratio |
The lands of the latter are known as Amruta Manchi (literally nectar food), because they were given with the intention that the proceeds thereof should be spent in offering bhoga before Jagannath and that the Mahaprasad thus obtained should be distributed among pilgrims, beggars and ascetics; they are distinct from the... |
In 1848 Babu Brij Kishore Ghose roughly estimated the annual income of 28 maths from land alone at Rs. 1,45,400 and this income must have increased largely during the last sixty years. Ratio |
There are over 70 maths in Puri Town. Ratio |
The Chief Saiva maths are located in the sandy tract near Swargadwar viz., Sankaracharya math with a fine library of old manuscripts and Sabkarananda math which has a branch at Bhubaneshwar. Ratio |
Most of the maths are naturally 447 Vaishnava. Ratio |
The richest of the latter are Emar, Sriramdasa and Raghavadasa the inmates of which are Ramats or followers of Ramananda. Ratio |
" It is urged for the appellant that what is stated in the Gazetteer cannot be treated as evidence. Ratio |
These statements in the Gazetteer are not relied on as evidence of title but as providing historical material and the practice followed by the Math and its head. Ratio |
The Gazetteer can be consulted on matters of public history. Ratio |
The next question relates to the nature of the properties in suit. Ratio |
The oral evidence about the foundation of the Math or about the various acquisitions of property by purchase or by gift is nil. Ratio |
Whatever a witness has deposed has not been on the basis of his personal knowledge. Ratio |
This is natural when the Math was founded about two hundred years ago and when most of the acquisitions had taken place long ago. Ratio |
The best person to speak, though not from personal knowledge, could have been the Mahant himself. Ratio |
He can base his knowledge on the documents about the history of the Math and the acquisition of the properties. Ratio |
Such documents must naturally be in the custody of the Mahant. Ratio |
The Mahant has not come in the witness box. Ratio |
All the documents have not been produced. Ratio |
Some documents which could have thrown some light on the question under determination have not been produced. Ratio |
It is true that the defendant respondent also did not call upon the plaintiff appellant to produce the documents whose existence was admitted by one or the other witness of the plaintiff and that therefore, strictly speaking no inference adverse to the plaintiff can be drawn from his non producing the list of documents... |
The Court may not be in a position to conclude from such omission that those documents would have directly established the case for the respondent. Ratio |
But it can take into consideration in weighing the evidence or any direct inferences from established facts that the documents might have favored the respondent 's case. Ratio |
The documents relied upon for the appellant relate to acquisition of properties by purchase or gift and are in the name of the Mahant of the Math. Ratio |
Such documents being in the name of the Mahant alone, do not necessarily lead to the conclusion that the properties were acquired or received in donation by the Mahant in ],is personal capacity for his personal use and possession. Ratio |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.