Vijay Pullarwr vs Hanuman Deostan

2. The respondent No.1, Shri Hanuman Deosthan, is a public trust duly registered under the provisions of the Bombay Public Trusts Act, 1950 (presently known as Maharashtra Public Trusts Act, 1950) (for short “1950 Act”). The respondents filed Special Civil Suit No.1127 of 1978 in the Civil Court, Senior Division, Nagpur, for possession on the basis of title. It was asserted that one Bansilal S/o Gangadin Perdeshi Teli, R/o Circle No.3 of Nagpur was the disciple of a Hindu saint by the name of Haridas Baba Vishv. The said saint took Samadhi about 70 years back before the institution of the suit. He had a “Math” situated in Circle No.3 in house bearing No.878, where his (Haridas Baba) Padukas came to be installed. It is stated that the said Bansilal was the Chief Wahiwatdar of the said Math and was looking after the pujas and utsavas performed in the Math. Before his death, which occurred in 1944, he had asked his wife, Yashodabai, to look after and manage the Math and conduct puja and utsavas 3 from time to time in his absence and keep the Math property in good condition from the income of the Math. He had also told his wife Yashodabai that after his death, she may appoint a panch committee in the event she was not in a position to look after the affairs of the Math herself. After 1946, Yashodabai executed a document and appointed a panch committee for the proper management of the Math whilst she remained one of the trustees. That document was registered on 23rd May, 1946 (Exh.41). She had nominated five persons as panchas in the panch committee namely, Shri Badal S/o Giridharilal, Mohanlal Hanuman, Ramjiwan Kaluram, Nandideep Bhangavandin and Onkar Gandelal Pardeshi. Amongst them, Badal was to remain as sarpanch. After his demise, one Chotelal Bhikaji Pardeshi assumed the office of Sarpanch.

3. It was further stated that except Ramjiwan Kaluram, all the trustees/panchas had expired by the time the suit was filed. Further, Chotelal Bhikaji Pardeshi, after taking over as sarpanch, made an application on 31st August, 1953 (Ex.63) to 4 the appropriate authority for registration as a public trust under the provisions of the Madhya Pradesh Public Trust Act. In that application, the description of the property of the trust was given as per the schedule to the plaint, which property was amongst other properties registered as the property of the public trust. After the provisions of the Bombay Public Trust Act, 1950 (Exh.64 dated 13th September, 1961) became applicable to the Vidarbha region of the State of Maharashtra, Chotelal got the trust registered under the 1950 Act, bearing P.T.R. No.A-50(N).

4. It is then stated that after the death of Chotelal Bhikaji Pardeshi, a change report was submitted to the local office of the public trust at Nagpur which came to be rejected as no proper succession was documented. Resultantly, the local persons having interest in the affairs of the Math preferred an application for framing of a scheme and appointment of trustees, being application No.71 of 1971. The Deputy Charity Commissioner, in exercise of powers under Section 50-A of the 1950 Act framed a scheme and appointed four persons as 5 trustees of Shri Hanuman Deosthan, namely, Bhayyalal Giridharilal, Kashiram Fakiraji Potbhare, Laxman Zingaraji Sapate, Navi Shukravari and Narayan Tanbaji Kurkute vide order dated 4th April, 1975 (Exh.46). In short, the respondent asserted that the suit property occupied by the predecessor of the appellants, namely Wasudeo Pullarwar, was the property of the presiding deity Shri Hanuman Deosthan and was managed by the trustees in whom it vested for management. The occupant, Vasant Pullarwar, had no right, title or interest in the said house.

5. It is then stated that a notice was issued to defendant No.2/appellant No.1 (son of defendant No.1, the said Wasudeo Pullarwar), dated 4th November, 1977, calling upon him to pay the rent for the last three years ending October 1977 @ Rs.110/- per month, which rent was recovered by the previous trustees from the occupants of the suit house. Appellant No.1 sent a reply on 14th November, 1977, disputing that he was a tenant or that he was liable to pay the rent to the respondent trust. He stated that he was living with his father who was 6 paying the taxes of the suit house. It appears that the plaintiffs/respondents then caused to send another notice to defendant No.1 Wasudeo Pullarwar dated 12th December, 1977, making a similar demand of rent from him, to which even he denied his liability to pay and also denied the title of the plaintiffs/respondents in respect of the suit house occupied by him. In this backdrop, the respondents filed a suit on 17th October, 1978 for possession of the suit house from the defendants/appellants and for recovery of charges for occupation of the suit house during the relevant period. The suit for possession is thus based on title.

(g) It is denied that the defendants occupied the suit house about 12 years back as tenants from from former trustees or paid rent, as alleged. It is denied that the defendant occupied the suit house with any alleged permission of any alleged former trustee on rent of Rs.110/- per month. The defendants are occupying the suit house as of right and are in continuous possession for more than 30 years as stated earlier openly, exclusively, peacefully peaceably, without interruption or disturbance from any one or from any alleged trustees and none of them have been in possession during such period. The defendant No.1 is about 83 years old. Defendants are „Pullarwar‟. The suit house is not property of the plaintiff nor a public Trust property as is alleged. All the alleged Public Trust proceedings of whatever nature were without jurisdiction, null and void, under which the plaintiffs are trying to lay a claim to the suit house. There was no house No.55 alleged to the suit house; nor this was changed as House No.878. the plaintiffs‟ alleged claim for the suit house does not stand in fact or law as contended. In none of the alleged proceedings the defendants were made parties, nor noticed.” In view of the rival pleadings, the Trial Court framed in all 11 issues, which read thus:

10. Both sides produced documentary as well as oral evidence in support of their respective stands, which was duly considered by the Trial Court vide judgment and order dated 16th November, 1983. The Trial Court accepted the claim of the plaintiffs/respondents that the “suit house” (i.e. H.No.878) was the property of the public trust, namely, Shri Hanuman Deosthan and the management of the property vested in the said trust. Further, the defendants/appellants had no right to occupy the suit house despite the Trial Court having found that they were occupying the same for over 30 years before the institution of the suit. On this finding, the Trial Court partly 12 decreed the suit by directing the defendants/appellants to hand over vacant possession of the suit house to the plaintiffs/respondents, while rejecting their claim for occupation charges. The operative order passed by the Trial Court reads thus:

11. The appellants being aggrieved, filed Regular Civil Appeal No.564 of 1983 before the District Court at Nagpur. The District Court, after re-appreciating the oral and documentary evidence, was pleased to reverse the finding of facts recorded by the Trial Court and instead, concluded that the “suit house” (i.e. H.No.878) was not the registered property of Shri Hanuman Deosthan, a public trust duly registered under the 1950 Act.

(l) an order for winding up of any trust and applying the funds for other charitable purposes;

(m) an order for handing over of one trust to the trustees of some other trust and deregistering such trust;

(n) an order exonerating the trustees from technical breaches, etc;

(o) an order varying , altering, amending or superseding any instrument of trust;

(g) (reproduced in paragraph 9 hereinabove) which put across the stand of the defendants/appellants including that the plaintiff trust has no causal connection with the suit house bearing No.878 in Circle No.3.

Hence, the Hanuman Deosthan Trust has got the name changed from Haridas Baba Math to Hanuman Deosthan Trust by keeping the tax department in the dark, fraudulently. The change is recorded by the assessment department of the Nagpur Municipal Corporation without consulting or asking the applicant. The said change is not acceptable to the applicant.

Hence, the original name of Baba Haridas Math should be maintained. Accordingly, the applicant is ready to pay the taxes as earlier.

Also the Hanuman Deosthan Trust has got the change done by keeping the Corporation in the dark. It has no relation with the math.

Hence, the name of the said Trust be removed and original name of Baba Haridas Math be maintained. The applicant be given opportunity to produce his documents and say before yourself.

32. Suffice it to observe that even the second substantial question of law must be answered against the plaintiffs and in favour of the defendants/appellants.

33. Taking any view of the matter, we have no hesitation in upholding the conclusion recorded by the First Appellate Court that the suit filed by the plaintiffs/respondents for possession of the suit house is devoid of merits and deserves to be dismissed.

34. Accordingly, this appeal succeeds. The impugned judgment and order passed by the High Court dated 24 th October, 2008 in Second Appeal No.364 of 1990 is set aside and the judgment and decree passed by the District Court Nagpur dated 21st January, 1989 in Regular Civil Appeal No.564 of 1983, is restored. Thereby, the suit filed by the plaintiffs/respondents bearing Special Civil Suit No.1127 of 39 1978 before the Court of Civil Judge, Senior Division, Nagpur stands dismissed. No order as to costs. Ordered accordingly.

November 16, 2018.