Case: Pt. Ram Chandra Shukla Vs. Shree Mahadeoji, Mahabirji And Hazrat Alikanpur &amp; Ors

(Cf. Mukherjea, p. 74). Neither the Statute of Elizabethus nor the Law relating to Superstitious Uses was applied at any time to India. Consequently, the English decisions based on one or the other of these statutes would not be applicable nor can they be commensurate with the conditions prevailing in India though those decisions might undoubtedly be of some guidance.19. Is then the trust for the maintenance and up-keep of a wrestling ground a valid charitable trust? The evidence shows that Mani Ram, being personally fond of wrestling had a number of disciples and attracted several wrestlers to the Akhara. But that, according to Rahas Kaurs will, he did out of his own love for this particular sport and by spending large amounts out of his own moneys. The only thing which seems to have been done by his successors was to hold wrestling tournaments and award prizes to the successful ones out of the income of the property and to maintain the Akhara. It may be that people might have come to these tournaments and even practised wrestling but there is no evidence whatsoever that wrestling was taught or its knowledge was imparted to those wishing to know it. At best, therefore, it can be said that by maintaining the Akhara and holding therein the tournaments wrestling was sought to be encouraged or fostered. But there is nothing to show that the promotion of a particular game either for entertainment of the public or as encouragement to those who take part in it has ever been recognised as a charitable trust according to Hindu Law. Neither Pandit Prannath Saraswati, nor Mukherjea, nor Mayne suggests in his treatise that a dedication for the promotion of a particular game or sport is charitable trust under the Hindu law.20. In England it is held not to be so, of course within the scope of the Statute of Elizabeth as interpreted in Commrs. for Special Purposes of the Income-tax v. Pemsel, (1891) AC 531 at p. 583. Thus, In re, Notage; Jones v. Palmer, 1895-2 Ch 649 a gift for encouraging the sport of yacht-racing was not upheld as a charitable trust though as Lindley, L. J., remarked every healthy sport is good for the nation. In re, Hadden; Public Trustee v. More, 1932-1 Ch 133 while acknowledging the principle laid down in In re Notage, 1895-2 Ch 649 the Court held that a trust providing for recreation grounds and parks for the benefit of working classes was valid on the ground, however, that such uses were intended for the health and welfare of the working classes. So too, in In re Mariette; Mariette v. Governing Body of Aldenham School, 1915-2 Ch 284 where bequests for building squash racket courts or some similar purpose within the school premises and for a prize to the winner in the school athletics were held valid on the ground of its being essential in a school of learning that there should be organised games as part of the daily routine. It is clear from the judgment of Eve, J., that he upheld the bequest on the ground not of promoting athletic games but on the ground that the object of the charity was education in the school and that training in such games would be part of the educational activities of the school. There is, however, one decision of a marginal nature, if we may say so, namely, in Daley v. Lloyds Bank Ltd., (1945) 114 LJ Ch 1 where a gift for holding an annual chess tournament limited to boys and youngmen under the age of 21 years residing in a particular locality was upheld. But that was done after a good deal of hesitation and only by basing it on the ground that training of youth in a game of skill which also required concentration was part of their education.21. Coming to the cases in India, the decisions in the Trustees of the Tribune Press v. Commr. of Income-tax, 66 Ind App 241 = (AIR 1939 PC 208 ); All India Spinners Association v. Commr. of Income-tax, ILR (1945) Bom 153 = (AIR 1944 PC 88 ) and Cricket Association Bengal v. Commr. of Income-tax, Calcutta, AIR 1959 Cal 296 were all cases under Section 4 (3) (i) of the Income-tax Act, 1922 and therefore would have no relevance to the present case arising under the Hindu Law.22.The decisions above referred to thus lay down a distinction between cases where the object of the dedication was the promotions of games as part of the education of those who participate in them and cases where the object was promotion of games simpliciter, the former only having been upheld on the ground that such promotion or encouragement is part of the educational training and the latter not having been upheld.In the case of Cricket Association, Bengal, AIR 1959 Cal 296 though arrangements of cricket tournaments of both domestic and foreign teams were said to promote and foster love for a healthy game, Section 4 (3) (i) was held not to be applicable.23. On a reading of the relevant documents on record and the oral testimony led by the parties we are not in a position to agree with the High Court that the trust created by Mani Ram was a religious trust in favour of the two idols of Lord Shiva and Mahabirji. As aforesaid, our conclusion is that the dominant intention of the settlor was to set up and maintain an Akhara,the said two idols as also the tasweer of Hazrat Ali having been installed there only to attract wrestlers of the two communities.That being the position, reluctant though we are, particularly in view of the fact that the said Akhara has been maintained for nearly a century, we find it extremely difficult, in the absence of any authority, textual or by way of a precedent, to hold that the dedication in question was for either a religious or charitable purpose as recognised by Hindu Law.

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

Explanation:
1[ds]11. So far as the first and the second contentions are concerned, we have no difficulty in rejecting them. The documents on record as also the evidence as to the conduct of Mani Ram and those who held the property after him clearly show that Mani Ram dedicated the groveland and not merely the trees standing thereon. The purchase of part of the said property after its acquisition was from out of the compensation received by Ishwar Narain and not out of his personal funds, so that if the trust was in law a valid one, the property purchased by him out of the trust funds would be stamped with the trust and he would in that event be holding that property as a trustee or manager and not as an owner.There being no deed of endowment, the intention of Mani Ram in settling the property in question has to be principally gathered from the said deed of partition and the said will of Rahas Kaur, the rest of the documents executed by Mangli Prasad and others being useful only in aid of the interpretation of that deed of partition and the said will. There can be no doubt whatsoever that Mani Ram, being an eminent wrestler and fond of that game, purchased out of his own money the said groveland for the purpose of setting up an Akhara thereon. The question then would be whether he settled that property upon trust, and if so, for what trust.14. As already seen, Mani Ram recorded in the said partition deed the fact of his having partitioned the property into eight shares, his having given one share to each of his seven sons and having retained the eighth share for himself and his second wife and the said groveland as waqf property. The deed, however, does not set out the purpose or purposes for which the said groveland was regarded by him as waqf property. But it does show that he regarded that property as already dedicated. The purposes for which the groveland was so dedicated are to be found in the said will of Rahas Kaur, wherein she has in clear terms stated that Mani Ram had dedicated the groveland "which has Asthan of Mahadeo Ji and Mahabir Ji and Akhara and tasweer of Hazrat Ali, that the Akhara and the Asthan were upto that date maintained and that they should continue as heretofore. The will thus provides a key to the mind of Mani Ram who, as aforesaid, had purchased the said property and set up thereon the said wrestling arena. Obviously, he was anxious that wrestlers of both Hindu and Muslim communities should take part in that Akhara. It is equally obvious that to attract wrestlers from both the communities he installed in that Akhara the tasweer of Hazrat Ali and the idols of Shri Mahadeo and Mahabir, the two patron deities of wrestling. Once those idols were put up in the Akhara, their worship had to be provided for, it is well known amongst Hindus that it is irreligious to let such idols remain unworshipped. It is not possible to know from the evidence as to where Hazrat Alis tasweer was installed, but it is clear from the evidence that the idol of Mahabirji was located at the top of the archgate which led into the Akhara and the Shiva Lingam was installed over a small room built next to the gate. Clearly, the purpose of installing the two idols and the tasweer was to enable the wrestlers to pay their homage and salutations to the patron deities of the game before entering into the wrestling arena. The dominant object of the dedication was thus the Akhara and the Asthan of God Shiva and Mahabir, spoken of in the will of Rahas Kaur, was only an adjunct to the Akhara. There is evidence, no doubt, to show that pooja and shringar of the two idols were performed. But that apparently was because the idols once installed could not be left unworshipped. On these facts we are inclined to take the view that the dominant object of the dedication was the Akhara and the said idols and the tasweer were installed only to attract persons of both the communities to the Akhara and to provide for them the facility for invoking the divine benefaction before they participated in wrestling. As laid down in Saraswathi Ammals case, 1954 SCR 277   = (AIR 1953 SC 491  ), it is on this footing that the validity or otherwise of the trust has to be considered.15. It must be made clear at very outset that although the will of Rahas Kaur provided that persons who are to manage the trust were to be in the first instance her son, Mangli Prasad, and later on those appointed by him from amongst the issues of Mani Ram, the trust was obviously not a private but a public trust in the sense that it was for the benefit of those who are devoted to the sport of wrestling irrespective of whether they are Hindus or Muslims. But the contention was that in spite of the trust being a public trust, it was not one recognised by Hindu Law as being a religious and/or a charitable one. As stated earlier, the fact that the Akhara ground had the two idols installed in it makes no difference as the dominant object of the dedication was the Akhara and not the worship of the idols or the tasweer of Hazrat Ali.It must be made clear at very outset that although the will of Rahas Kaur provided that persons who are to manage the trust were to be in the first instance her son, Mangli Prasad, and later on those appointed by him from amongst the issues of Mani Ram, the trust was obviously not a private but a public trust in the sense that it was for the benefit of those who are devoted to the sport of wrestling irrespective of whether they are Hindus or Muslims. But the contention was that in spite of the trust being a public trust, it was not one recognised by Hindu Law as being a religious and/or a charitable one. As stated earlier, the fact that the Akhara ground had the two idols installed in it makes no difference as the dominant object of the dedication was the Akhara and not the worship of the idols or the tasweer of Hazratdecisions above referred to thus lay down a distinction between cases where the object of the dedication was the promotions of games as part of the education of those who participate in them and cases where the object was promotion of games simpliciter, the former only having been upheld on the ground that such promotion or encouragement is part of the educational training and the latter not having been upheld.In the case of Cricket Association, Bengal, AIR 1959 Cal 296   though arrangements of cricket tournaments of both domestic and foreign teams were said to promote and foster love for a healthy game, Section 4 (3) (i) was held not to be applicable.23. On a reading of the relevant documents on record and the oral testimony led by the parties we are not in a position to agree with the High Court that the trust created by Mani Ram was a religious trust in favour of the two idols of Lord Shiva and Mahabirji. As aforesaid, our conclusion is that the dominant intention of the settlor was to set up and maintain an Akhara,the said two idols as also the tasweer of Hazrat Ali having been installed there only to attract wrestlers of the two communities.That being the position, reluctant though we are, particularly in view of the fact that the said Akhara has been maintained for nearly a century, we find it extremely difficult, in the absence of any authority, textual or by way of a precedent, to hold that the dedication in question was for either a religious or charitable purpose as recognised by Hindu Law.