Case: Raje Anandrao Vs. Shamrao And Others

feels however that this power to punish might be misused by the Raja, for it is uncontrolled, unlike the power to dismiss which could only be exercised with the previous sanction of the District Judge. The clause as it stands therefore does not in any way affect the private rights of the pujaris and does not go beyond what was decided in the suit between them and the appellant. It concerns the administration of the temple and therefore it was within the jurisdiction of the District Judge to insert it in the scheme when revising it. At the same time there may be something in the apprehension entertained by the pujaris that the power to punish may be abused. We therefore think that in this clause a further sentence should be added to the following effect :-"In case Raje Anandrao or his manager or agent fines or punishes the pujaris for misconduct, the pujaris will have the right to appeal to the District Judge against such orders and the order of the District Judge there on will be final."15. Then we come to cl. (c) which is as follows :-"The pujaris will be entitled to their shares in the offerings as per the agreement of 1872 after deduction of the expenses for the pooja, etc., as per my detailed remarks in my separate order passed today. The management will work out those instructions for day-today working in accordance with rules to be included in the puja rules."The main attack of the respondents is on this clause, for, according to them, it affects their right to offerings to which they are entitled under the agreement of 1872. This clause is not self-contained, for it refers to the detailed remarks in the separate order of the District Judge passed on that very day and leaves it to the management to work out those instructions for day to day working in accordance with rules to be included in the puja rules. Now under the separate order of the same date it is provided that offerings up to Rs. 5/- to which the pujaris are entitled subject to the expenses of dhoop, deep and neivedya according to the agreement of 1872 should be kept in a separate box which should be opened once every week, or fortnight or month or at any stated period as agreed by the pujaris, in the presence of some respectable persons of the town and the signatures of the representatives of the pujaris and of the trustees or his representative should be taken in a separate note-book to show the exact amount found in the box. In case the pujaris do not agree to some period the box may be opened once every month. It is further said that the expenses of dhoop, deep and neivedya should be met from this money and such expenses should be found out from the pujaris account. If the pujaris do not disclose their accounts it would be for the Raja to settle the amount which is to be spent on dhoop, deep and neivedya and then require the pujaris to spend that much amount for the purpose. This amount should be paid to the pujaris on their showing what they had spent on dhoop, deep and neivedya; but if the pujaris fail to spend anything, the trustee should see that the expenses are properly incurred and debited to the pujaris in their khata and the balance of this khata should be divided among the pujaris.16. The respondents are afraid that these directions would mean that the management will take away the money found in the box whenever it is opened and the pujaris would thus be at the mercy of the management for meeting the expenses of dhoop, deep and neivedya and also for the balance to which they are entitled for their upkeep. Up to now this amount of offerings up to Rs. 5/- was going direct to the pujaris and they were incurring expenses on dhoop, deep and neivedya out of it. The appellant contends that under the Madhya Pradesh Public Trusts Act, No. XXX of 1951, he has to maintain proper accounts under S. 15, to prepare a budget under S. 18 and to have the accounts audited under S. 16. Therefore it is necessary that he should show the amount received in offerings up to Rs. 5/- in his budget and should also show how much of it goes to the pujaris for their personal use and how much of it is spent on dhoop, deep and neivedya. There is no doubt that in order that puja in the temple in the shape of dhoop, deep and neivedya is performed properly, it is necessary to have check in this income from offerings upto Rs. 5/- from which this expenditure is incurred leaving the balance for the personal use of the pujaris. Even so it seems to us necessary that the interests of the pujaris are also safeguarded and they should not be left entirely at the mercy of the appellant, who may take away the entire money found in the box and may not pay them for long periods to what they are entitled as the balance. Though therefore the District Judge was right in making the arrangement for putting the offerings up to Rs. 5/- in a separate box so that they may be accounted for, we think some more provisions are necessary in order that cl. (c) may not affect adversely the private rights of the pujaris to the balance of these offerings after incurring the expenses on dhoop, deep and neivedya. It is also essential that some safeguard should be provided for the pujaris so that the amount put in the box is not surreptitiously taken away. Though therefore the main provision in cl. (c) dealing as it does with the administration of the trust is not objectionable, it is necessary that it should be made self-contained and should also contain safeguards for the pujaris.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]It is not seriously disputed in this case that the power to amend the scheme has been reserved in view of the judgment of the Additional Judicial Commissioners already set out above and paragraph 17 of the scheme dated October 16,shall confine ourselves only to the question whether in a case where there is provision in the scheme for its modification by an application to the Court, it is open to the Court to make modifications therein without the necessity of a suit under s.sub-section therefore does not bar an application for modification of a scheme in accordance with the provisions thereof, provided such a provision can be made in the scheme itself. Under sub-s. (1) the Court has the power to settle a scheme. That power to our mind appears to be comprehensive enough to permit the inclusion of a provision in the scheme itself which would make it alterable by the Court if and when found necessary in future to do so. A suit under S. 92 certainly comes to an end when a decree is passed therein, including the settlement of a scheme for the administration of the trust. But there is nothing in the fact that the Court can settle a scheme under S. 92(1) to prevent it from making the scheme elastic and provide for its modification in the scheme itself. That does not affect the finality of the decree; all that it provides is that where necessity arises a change may be made in the manner of administration by the modification of the scheme. We cannot agree that if the scheme is amended in pursuance of such a clause in the scheme it will amount to amending the decree. The decree stands as it was, and all that happens is that a part of the decree which provides for management under the scheme is being given effect to. It seems to us both appropriate and convenient that a scheme should contain a provision for its modification, as that would provide a speedier remedy for modification of the manner of administration when circumstances arise calling for such modification than through the cumbrous procedure of athat view it would in our opinion be just and convenient to provide for a clause in the scheme which is framed for the administration of the trust to allow for its modification by an application. We therefore accept the view of the Bombay, Calcutta, Allahabad and Patna High Courts in this matter and hold that it is open in a suit under S. 92 where a scheme is to be settled to provide in the scheme for modifying it as and when necessity arises, by inserting a clause to that effect. Such a suit for the settlement of a scheme is analogous to an administration suit and so long as the modification in the scheme is for the purposes of administration, such modification can be made by application under the relevant clause of the scheme, without the necessity of a suit under S. 92 of theCode of Civil Procedure. Such a procedure does not violate any provision of S. 92.The view taken by the Madras High Court that insertion of such a clause for the modification of the scheme is ultra vires is incorrect. It was therefore open to the District Judge in the present case to modify theis true that the pujaris were not parties to the suit under S. 92 but the decision in that suit binds the pujaris as worshippers so far as the administration of the temple is concerned, even though they were not parties to it, for a suit under S. 92 is a representative suit and binds not only the parties thereto but all those who are interested in the trust. Therefore, the mere fact that the pujaris were no parties to the suit will not take away the jurisdiction of the District Judge to modify the scheme, if the modification is with respect to the administration of the trust and if it does not affect the private rights of the pujaris. According to the High Court, the modification in the scheme was only with respect to three paragraphs, namely, paragraphs, 3, 4 andrevised paragraph 3 also contains a direction regarding the making of such rules with the approval of the District Judge after hearing the public and the pujaris. It has further been provided that such rules should be printed and published locally and should be enforced by the trustee. There can in our opinion be no objection to this addition, for the enforcement of the rules was already implicit in old paragraph 3 and their printing and publication is only a matter of convenience to all and can in no way affect the private rights of thethis provision merely says what the rules for pooja to be approved by the District Judge after hearing the public and the pujaris should provide among other things. This provision is on the face of it reasonable, for it is unthinkable that a pujari, even though he may be a hereditary pujari, should perform puja, when he does not know anything about the mantrik rituals. Learned counsel for the respondents has no objection to this provision either except that he contends that the rule seems to give the right to provide a substitute to the managing trustee (namely, the appellant). As we read the rule, however, we do not think that that is what is means. All that it says is that where the hereditary pujari does not know the mantrik ritual, the puja may be performed by his substitute. It means that the substitute has to be provided by the pujari and not by the managing trustee. The fact that the substitute is pujaris substitute has implicit in it that it is the pujari who has to provide a substitute in his place in case he does not know thetherefore make it clear that when the addition in paragraph 3 speaks of a substitute for the pujari who is ignorant of rituals, it is the pujari who has the right to provide the substitute and not the managing trustee. So read, this addition does not in any way affect the private rights of the pujaris in the matter of puja. Thus the entire addition in paragraph 3 deals with the administration of the temple with respect to puja and with the clarification which we have given above there is no trespass on the private rights of the pujaris by this addition. Therefore, the revised paragraph 3 was within the jurisdiction of the District Judge and cannot be taken exception to on that score.13. Turning now to paragraph 12 we find that there are additions in that paragraph in the revised scheme and we shall deal with each addition seriatim : The first addition (i.e., cl. a) is that "the Raje Anandrao shall have power to keep such dependants like kirtankars, puraniks, etc., for proper performance of the religious rites of the deity customarily so performed and to fix their allowances or remunerations, as the case may be." This addition does not in any way affect the private rights of the pujaris ; it deals with persons other than the pujaris who perform other duties beside the puja, like kirtan, reading of purans, etc. The managing trustee (namely, the Raja) has been given the power to appoint such persons and to fix their allowances or remuneration. Obviously, such allowances and remuneration will not be paid out of the income which is secured to the pujaris under the agreement of 1872 and will have to come out of other income of the temple.If this provision is so read-and this is the only way in which it can be read-the learned counsel for the respondents has no objection to this provisionclause as it stands therefore does not in any way affect the private rights of the pujaris and does not go beyond what was decided in the suit between them and the appellant. It concerns the administration of the temple and therefore it was within the jurisdiction of the District Judge to insert it in the scheme when revising it. At the same time there may be something in the apprehension entertained by the pujaris that the power to punish may be abused. We therefore think that in this clause a further sentence should be added to the following effectcase Raje Anandrao or his manager or agent fines or punishes the pujaris for misconduct, the pujaris will have the right to appeal to the District Judge against such orders and the order of the District Judge there on will beis no doubt that in order that puja in the temple in the shape of dhoop, deep and neivedya is performed properly, it is necessary to have check in this income from offerings upto Rs. 5/- from which this expenditure is incurred leaving the balance for the personal use of the pujaris. Even so it seems to us necessary that the interests of the pujaris are also safeguarded and they should not be left entirely at the mercy of the appellant, who may take away the entire money found in the box and may not pay them for long periods to what they are entitled as the balance. Though therefore the District Judge was right in making the arrangement for putting the offerings up to Rs. 5/- in a separate box so that they may be accounted for, we think some more provisions are necessary in order that cl. (c) may not affect adversely the private rights of the pujaris to the balance of these offerings after incurring the expenses on dhoop, deep and neivedya. It is also essential that some safeguard should be provided for the pujaris so that the amount put in the box is not surreptitiously taken away. Though therefore the main provision in cl. (c) dealing as it does with the administration of the trust is not objectionable, it is necessary that it should be made self-contained and should also contain safeguards for the pujaris.