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An inference that they were acquired by the Mahant for the Math is equally possible and in fact is to be preferred to what appears on the face of the documents. Ratio |
The onus of proof being on the appellant, it was possible for him to establish his case from the documents available to him. Ratio |
But he has chosen not to place at the disposal of the Court all the relevant documents. Ratio |
It is significant to note that not a single document has been produced by the plaintiff 448 which specifically mentioned the purchase or the gift to be by or to the Math itself. Ratio |
It is difficult to believe that the Math acquired no property during the long period of its existence. Ratio |
The Mahant as the head of the institution acts for the Math and is its real representative. Ratio |
All the dealings for and on behalf of the Math must be conducted by the Mahant and it should be no wonder if the Mahant acting for the Math acts ostensibly in his own name. Ratio |
Though the documents relating to purchase of properties have been produced, no evidence was led to show that they were purchased from the personal assets of the Mahant. Ratio |
Presumably if there was such evidence, it would have been produced. Ratio |
The only possible inference which can be drawn is that they were purchased from the assets of the Math. Ratio |
Reference may be made to Sitaram Days Banasi vs H.R.E. Board Madras(1) and to Raghbir Lala vs Mohammad Said(1). PRE |
In the former case, Varadachariar, J. said: "From the few sale deeds filed in the case, it no doubt appears that some of those properties were purchased in the name of the prior Mahant; but it being admitted that he was an ascetic and celibate and the head of the institution, the probabilities are that they were purcha... |
" and in the latter it was said: "No doubt if a question arises whether particular property acquired by a given individual was acquired on his own behalf or on behalf of some other person or institution with whom or with which he was connected the circumstance that the individual so acquiring property was a professed a... |
" Reference may also be made in this connection to the Order, Exhibit 136, of the Maharaja of Puri, to Dewan Bhramarbar Ray. Ratio |
The order states : "The Maharaja hereby grants this Sananda taking Rs. 3,000 that he has granted the following 145 Batis and 15 Manas of land, that the income of this land will be utilised in Bhog of Lord Jagannath and distributed among the coming Baishnabas. Ratio |
The 19th day of Mass, Anka 2. 1. Ratio |
Rahang, Ph. Ratio |
Alisa 117 Batis and 15 Manas. Ratio |
Out of Bania Kera 10 Batis. Ratio |
Chabiskud, Ph. Ratio |
Tinikud 18 Batis. Ratio |
" Of the three properties mentioned in this order, the first one belongs to Schedule Ka 1, the second to Schedule Kha and the third to Schedule Ka 2, attached to the plaint. Ratio |
The property in Schedule Ka 1 is the property which is said to have been acquired by the plaintiff and his ancestors. Ratio |
The property in Schedule Ka 2 is the property said to be acquired by the plaintiff 's (1)I.L.R. (2) A.I.R. 1943 P.C. 79. Ratio |
449 ancestors for personal services to Lord Jagannath while the properties in Schedule Kha are said to be acquired subject to a charge of offering Bhog to Lord Jagannath. Ratio |
The order makes no distinction in the nature of the objects for which the three properties are given. Ratio |
In fact it shows that the income from all the three properties was to be utilised in offering Bhog to Lord Jagannath, and for distributing the prasad among the Vaishnavas who would visit the place. Ratio |
There is nothing in this order that any of the properties was for the personal enjoyment and possession of the Mahant alone. Ratio |
It is not possible to hold that the properties covered by the same grant should fall in different categories as is the case, according to the schedules attached to the plaint. Ratio |
Apart from (these general considerations, the documentary evidence on record does not support the case of the plaintiff with respect to the properties in schedule Ka 1 and Ka 2. Ratio |
It may also be mentioned at this stage that there is no document on record with respect to the properties in schedules Kha and Ga. Ratio |
We have already referred to document Exhibit 110, the gift deed with respect to the land which forms part of the site of the Math. Ratio |
Exhibit 112 refers to certain land given to the Adhikari of Emar 'Math for building a temple for the God. Ratio |
The document states that the drain for the gruel from the temple of Lord Jagannath used to pass over this land and that this drain had to be shifted. Ratio |
It is difficult to believe that the land which was being used in connection with a public temple would have been given for the purpose of personal enjoyment by the Mahant or for the purpose of constructing a private temple. Ratio |
The land mentioned in Exhibit 115 and Exhibit 1.16 were acquired by the Mahant on payment of certain amounts. Ratio |
He was further required to pay certain amount towards the 'Kotha Bhoga ' of Lord Jagannath. Ratio |
Exhibit 117 relates to a land purchased by the Mahant. Ratio |
He was required to pay certain amount towards Chamar Seba of Lord Jagannath. Ratio |
Exhibit 118 mentions that certain land which the Mahant had purchased was being assigned to his Math in order that he might enjoy it for all times to come. Ratio |
This clearly brings out that the land purchased by the Mahant from some person was made over to the Math. Ratio |
He was exempted from payment of all sorts of extra taxes or other similar duties. Ratio |
Exemption from revenue and taxes appears to have been granted because it was understood that the lands were of the ownership of the Math and not the personal properties of the Mahant. Ratio |
450 Exhibit 1 19 sanctions certain purchases by Mahant Samujamatra and states that he will enjoy the same for all time to come on dedication of all sorts of requirements for Gundichaghar Chali (House of Lord Jagannath). Ratio |
No other demand towards Kotha should be made on him. Ratio |
This again clearly indicates that the property was dedicated for meeting the expenses of Gundichaghar Chali and was exempted from any other demand towards the Kotha presumably the Kotha Bhog of Sri Lord referred to in Exhibits 115 and 116. Ratio |
This property is included in Schedule Ka 2. Ratio |
They had to offer seva to Lord Jagannath in different forms, e.g., offering Bhog and getting back Maha Prasad, Chamar Seva ie., fanning of the Lord etc. Ratio |
For Bhog or other services which required expenses, the saints were in need of funds and naturally the devotees of the saints would make gifts to them to enable them to perform these services with respect to the lands purchased by them was therefore merely to provide them with funds necessary for rendering services to ... |
The documents referred to above make this amply clear and thus show that the properties to which they relate do not belong to the Mahant personally but really belonged to the Math. Ratio |
Some properties have been shown to be purchased by the chelas of the Mahants previous to their occupying the gaddi of the Mahant, that is to say, such properties were purchased when they were mere chelas and not mahants. Ratio |
It is therefore submitted for the appellants that these properties could not be held to be math properties now. Ratio |
It is true that the presumption that the properties that were obtained during the period when they were not Mahants cannot be presumed to be properties purchased or acquired for the Math. Ratio |
But the fact remains that when they themselves became Mahants such self acquired properties did not appear to have been treated in any separate manner. Ratio |
Proceeds from such properties were mixed up with the proceeds of the other property. Ratio |
Letters, Exhibits C & D, by Mahant Gadadhar Das to the Commissioner speak of the entire mingling of the accounts of the private and Math properties. Ratio |
Courts below did not rightly believe such statements. Ratio |
Further, it 451 may be noted that it appears from the sale deed, Exhibit 77, executed in favour of Gadadhar Ramanuj Das, Chela of Mahant Raghunandan Ramanuj Das in 1909, that the founder owed a sum of Rs. 400/ to the Mahant Guru of Gadadhar and that this sum was adjusted towards the purchase price of the property conve... |
Mahant Mohan Das, by his will Exhibit 140, permitted his Chela Raghunandan, who was nominated to succeed him to get his own name gradually mutated in respect of the lands and zamindaris standing in the name of the Mahant. Ratio |
It follows therefore that the mere fact that certain properties were ostensibly purchased by the chelas does not necessarily mean that those properties were either acquired as their personal properties ' or that they continued to be their personal properties after they succeeded to the gaddi. Ratio |
He has not produced the consolidated budget which is prepared. Ratio |
That could have indicated whether the income and expenditure over the property in suit was treated as of the Math or not. Ratio |
Accounts showing the sources of money from which the properties were acquired have not been produced. Ratio |
These omissions, together with statements in letters Exhibits C & D, are sufficient to support the findings of the Courts below that even these properties had been treated as Math properties. Ratio |
We are therefore of opinion that the properties mentioned in Schedules Ka 1 and Ka 2, alleged to be the personal properties of the Mahant, are not his personal properties but are properties of the Math. RPC |
We may now consider the properties in schedule Kha said to be the Amrut Manohi properties of Lord Jagannath and held by the plaintiff as marfatdar. Ratio |
The plaintiff alleges that these properties were acquired either by purchase or 'krayadan ' or by way of gift subject to a charge of some offering to Lord Jagannath which depended upon the individual judgment and discretion of the plaintiff, and that the public had no concern with the enjoyment or management of the usu... |
The Gazetteer makes a reference to such properties and states: "Both Saiva and Vaishnava Maths exist in Puri. Ratio |
The lands of the latter are known as Amruta Manohi (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 th... |
ppeals Nos.1367 and 1368 of 1966. FAC |
Appeals from the judgment and order dated April 19, 1966 of the Assam High Court in Civil Rules Nos. 171 and 236 of 1965. FAC |
Purshottam Trikamdas, A. K. Sen, Naunit Lal and Vineet Kumar,for the appellant (in both the appeals). FAC |
Sarjoo Prasad, Vinoo Bhagat and section N. Prasad, for respondent No. 4 (in both the appeals). FAC |
The Judgment of the Court was delivered by Hidayatullah, J. FAC |
These are two appeals by certificate against a common judgment of the High Court of Assam & Nagaland at Gauhati, dismissing two writ petitions filed by one Ranga Mahammad against D. N. Deka and B. N. Sarma, District & Sessions Judges respectively of Lower and Upper Assam Districts questioning the transfer of the former... |
The petitioner had asked that the relevant notifications by the Government be quashed on the ground that the High Court alone could make the transfers and, in any event, the High Court had to be consulted and was not consulted before making the orders. FAC |
The petitions were heard and disposed of by a Divisional Bench consisting of Chief Justice Mehrotra and Mr. Justice section K. Dutta. FAC |
456 The Chief Justice held that there was no consultation with regard to the posting of Deka, that the transfer of Deka to Gauhati was irregular as the High Court alone could have ordered it, and that the transfer of B. N. Sarma was for a like reason also irregular. FAC |
Holding, however, that none of the District Judges could be said to occupy wrongly the office of District & Sessions Judge the High Court declined the writ of quo warranto. FAC |
The petitions ,were accordingly dismissed but without cost to the State Government. FAC |
In a separate but concurring judgment Dutta J. passed some scathing remarks on the action of the Government which he described as mala fide and actuated by some ulterior motive. FAC |
The High Court on being moved by the State Government granted certificates under article 132 of the Constitution on the ground that the judgment involved the interpretation of articles 233 and 235 of the Constitution. FAC |
By these appeals the State Government seeks the reversal of the opinion of the High Court on the interpretation of articles 233 and 235 of the Constitution. FAC |
The main contention is that the High Court was, in fact, consulted and, alternatively, that the power to transfer District Judges lies with the State Government and not with the High Court. FAC |
The State Government also asks for the expunction of the remarks of Mr. Justice Dutta above mentioned. FAC |
The State of Assam consists of only three Sessions Divisions. FAC |
They are : The Upper Assam Districts, the Lower Assam Districts and the Cachar Districts with Jorhat, Gauhati and Silchar respectively as the Headquarters of the three District Judges. FAC |
The Government of Assam with the concurrence of the High Court has made the Assam Judicial Service (Senior) Rules and rule 5 deals with recruitment. FAC |
In the Senior Judicial Service of the State there are two grades Senior Grade 1 and Senior Grade 11. FAC |
Grade I has four posts earmarked for Registrar, and three District Judges, and Grade 11 consists of the Additional District Judges. FAC |
The other posts are filled up by promotion from Grade II of the cadre or Grade I of the Assam Judicial Service (Junior) respectively. FAC |
On December 6, 1962 the Chief Justice appointed A. Rahman, District Judge, Gauhati, as Registrar and recommended that D. N. Sarma, Additional District & Sessions Judge be promoted and appointed District Judge, Gauhati, and in B. N. Sarma 's 457 place D. C. Sharma should be appointed as Additional District & Sessions Ju... |
This proposal was accepted by Government. FAC |
It appears, however, that one Medhi, District Judge, was retiring and there was a vacancy. FAC |
It also appears from the correspondence which has been placed in our hands that there was some conversation on the telephone between the Chief Justice and the Finance Minister regarding R. C. Choudhury (Joint Secretary Legal Department) whom the Minister suggested for officiation in that vacancy and the Chief Justice e... |
Later by a D. O. letter of January 5, 1963 the Chief Justice pointed out that the Rules did not permit this to be done. FAC |
He observed that not more than one third of the District Judges could be recruited from the Bar and as Choudhury could only be recruited as a member of the Bar there was no vacancy for direct recruitment. FAC |
The Minister who had accepted the telephone conversation as final and was about to issue the necessary notification replied that as Sharma was to continue for a year, Sharma 's post could be given to Choudhury and suggested reconsideration of the case. FAC |
The Chief Justice replied that . FAC |
the question was not of filling Sharma 's vacancy but Medhi 's and that Choudhury could not be transferred from the Legal Department to the Judicial Service because appointments as District & Sessions Judges must be made in accordance with article 233 of the Constitution. FAC |
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