Case: Murthi Shri Laxmhinarayanji Maharaj and Ors Vs. Ramswaroop Tripathi and Ors

1. The question raised before the courts below was whether the Respondents are Pujari/Manager or the owner of the temple Shri laxmi Narayan Ji, situated at Naya Bazar, Lashkar at House No. 19/414, Gwalior. The said property originally belonged to one Lalliram son of Dharamjit Shivhare. In the municipal record, the same is entered as temple. According to the Appellant-Plaintiff(s), the Respondents were merely pujari. They claimed to be trustees under an unregistered Trust Deed dated 03.06.1941 which is said to have been later registered. The trial court decreed the suit. The High Court has dismissed the suit holding that the Plaintiffs failed to prove that they had rights as trustees. 2. We have heard learned Counsel for the parties. 3. It is undisputed that the Respondents do not have any title. The trial Court rejected their plea that they had title. The High Court has not gone into the issue of their title and dismissed the suit. 4. Having regard to the nature of the suit property which is temple, the property will vest in the Deity, irrespective of the question who manages the same as trustee. This can be done under a Scheme Under Section 92 of the Code of Civil Procedure in case of any dispute or by the concerned statutory authority, if any. There is no reason to hold that Pujari/Manager will become owner of the suit property.

Decision:
1[ds]3. It is undisputed that the Respondents do not have any title. The trial Court rejected their plea that they had title. The High Court has not gone into the issue of their title and dismissed the suit.4. Having regard to the nature of the suit property which is temple, the property will vest in the Deity, irrespective of the question who manages the same as trustee. This can be done under a Scheme Under Section 92 of the Code of Civil Procedure in case of any dispute or by the concerned statutory authority, if any. There is no reason to hold that Pujari/Manager will become owner of the suit property.