Case: His Holiness Sri Vishwothama Thirtha Swamiar Ofsode Mutt Vs. The State Of Mysore

2. The Government of Madras, in exercise of the powers conferred on them under S. 6 of the Act, decided on June 3, 1948, that Shri Krishna Mutt was a temple. The plaintiffs, who represent the heads of six of the eight mutts established at Udipi by Shri Madvacharya, instituted the suit for declaration that the Shri Krishan Mutt (not one of the eight mutts) was not such a temple and for the setting aside of the order of the Government of Madras. The heads of the other two mutts were impleaded as defendants Nos. 2 and 3. The State of Madras is defendant No. 1.3. The State of Madras alone contested the suit and stated that the Shri Krishan Mutt was a temple as defined in the Act. The Trial Court and the High Court held in favour of the defendants contention with the result that, the plaintiffs suit stood dismissed. The plaintiffs have, therefore, come up in appeal.4. The case of the plaintiffs-appellants as disclosed in the plaint may first be stated. The great Saint and Savant Shri Madvacharya established the Mutt at Udipi in South Kanara District, for the propagation of the Dwaita system of thought. He himself resided there. He initiated, eight disciples and thus originated the Astha Mutts (eight mutts) of Udipi. These disciples had to reside in the mutts and engage themselves in the study and propagation of learning.5. The way in which the image of Shri Krishna was installed in the Mutt is describedthe Shri Madva Vijaya, the life history of the great teacher has it, that the Shri Krishnas image was acquired from a heap of Gopi Chandan from Dwarka brought by the sailors of a native craft which got stranded near Malpe where the teacher used to go every morning for his ablutions and tapas. Tradition has it that the image is the same that had been worshipped by Rukmini at Dwarka in prehistoric days. The image was consecrated and installed by the great teacher in his mutt at Udipi and he began to worship it. This according to history and tradition is the origin of what came to be called popularly the Shri Krishna Mutt atMadvacharya, who installed the consecrated idol in a shrine of his Mutt, worshipped it during his life-time and ordained that the worship be continued by one or other of his eight disciples. In order to regularise the worship of Shri Krishna and to give equal opportunities to the right disciples, it was arranged that the worship be conducted by each of the disciples by rotation (pariyayam). Worship has continued according to this system for the several centuries that the Shrine has been in existence. The head of each of the eight mutts conducts the worship for a period of two years. During this period he occupies the Gadi or the seat of Shri Madvacharya and is called the Pariyayam Swami.6. The other seven heads of the mutts, when free from the duty of worshipping the image of Shri Krishna, began to take their abode in the vicinity of the Mutt and thus came into existence the eight independent Mutts, though the main Mutt started by Shri Madvacharya, who consecrated and installed the Shri Krishna image, continued as the Shir Krishna Mutt of Udipi.7. The Pariyayam Swami meets the expenses of the worship and other incidental expenses from the income of his own Mutt and the income of the Shri Krishna Mutt. He conducts the worship himself.8. Shri Krishna Mutt is a shrine attracted to the ancient Mutt started by Shri Madvacharya and is not a place of public worship. It has no individual existence apart from the Mutt. The shrine is not a place dedicated to or for the benefit of, or used as of right by, the Hindu community in general, as place of public religious worship, but is intended for the worship of the eight disciples only. It is, however, stated, in the words of the plaint, that worship by others could be offered only through Pariyayam Swami, with his consent and as a part of his ordinary worship.9. Defendants Nos. 2 and 3, the heads of the two other Mutts excluding the Mutts of the plaintiffs, accepted the plaintiffs case to be correct. The contesting defendant, the State of Madrs, denied that the Shri Krishna Shrine is just a temple attached to the ancient Mutt started by Shri Madvacharya. It is stated that it is one of the most important temples in India, that it attracts a large body or worshippers from throughout the country, that the Hindu public worship there as of right and that considerable offerings are made to the temple. It is denied that the temple is intended only for the worship of the eight Swamiyars.10. The learned Judges of the High Court delivered separate judgments, but, in the main, agreed in the finding that the shrine in suit was a temple within the meaning S. 2 (1) of the Act, in view of the following considerations: (1) This institution had been referred to, by authoritative authors and in judicial pronouncements as Krishna temple. (2) The plaintiffs themselves stated in sub-para. (7) of Para. 3 of the plaint that the Pariyayam Swami had the incontestable right to exclude anybody, including even the other Swamiyars of the eight Mutts from the Shri Krishna Dev Temple during the period of his Pariyayam. (3) The various documents by which certain properties had been endowed to this institution, refer to it as the temple. (4) The statement of the witnesses for the plaintiffs make it clear that Hindus in general, without any restriction, worship the deity, that different individuals had endowed permanent sevas, that the pilgrims include persons other than followers of Shri Madvacharya and that during certain utsavs, thousands of Madvas and non-Madvas, Brahmins and non-Bramins, attend the festival and the pilgrim put their money offerings in a box in front of the deity. (5) The inscriptions within the temple and the buildings near about show that this was not a private shrine appurtenant to the Mutt, but was a public institution under the general supervision of the Hindu sovereigns of that area. (6) The pamphlet issued for the help of the pilgrims, Ex. B-10, states that all the pilgrims are invited to participate in the worship of the deity, which is done as many as nine times a day, and to make offerings. It gives details of the various kinds of sevas which could be offered by the devotees and the fees for each are to be determined by the Pariyayam Swami. It also states that the Pariyaya Mutt would arrange for homas, Udyapana, Thulabhara, Brahmopadesa, Annaprasana and Namakarana ceremonies for the benefit of the devotees on payment of the prescribed amounts and that the devotees could endow sums of money for burning Nanda Depa and Deepa Sthamba throughout the year. (7) The predominant feature of the institution has been held to be the service or worship of Shri Krishna and not the propagation of religious knowledge of the system of philosophy propounded by Shri Madvacharya.11. The learned Judges were of opinion that the facts that the system of worship in this temple is different form the system in other temples, that persons visiting the Patiyayam festival are fed and religious discourses are given on the occasion and that the Swamiyars of the eight Mutts had been interred in the compound near the temple, did not adversely affect the conclusion from the other circumstances that the shrine is a temple to which the Hindus in general could go for worship as a matter of right.12. On one point regarding Shri Madvacharya having a Mutt of his own, the learned Judges of the High Court appear to have had different views. Govinda Menon, J.is seen that the present institution is far famed throughout the length and breadth of India and the large concourse of people resort to this place for worship and there is nothing to show that the Swamiars have treated this institution as their private property or anything of the kind. The admissions of P. W. 2 as well as the other witnesses point to the fact that the temple is one intended for the benefit of the public and that public resort to it for religious worship and that though the image of Shri Krishna was installed by Madvacharya in his own residence or lodging subsequent course of conduct during the centuries have made this abode of Shir Krishna a publicalso stated, at another place in hisI have stated already, originally there was a Mutt and subsequent to the installation of the image of Lord Krishna there by Shri Madvacharya it has grown up by centuries of public worship into a public institution.Ramaswami, J., has expressed himself differently on the question that Shri Madvacharya had a Mutt and installed the deity in it . He states, when considering the statement in Chap. 9 of the Madhwa Vijaya to the effect that Shri Madvacharya sportively brought the image to theMath referred to in the 42nd stanza must obviously mean the Kshetra of Anantheswara which is referred to as Roopya in Sampradaya Paddhati of Harishikesha Thirtha. The reason is, as well pointed out by the learned Subordinate Judge, that as Achyuta Preksha had taken his abode in that Kshetra and was engaged in teaching to his disciples therein, this Kshetra must have been referred to as the Math as by that time it is nowhere established that Madhwacharya had established a Math of his own and the teaching should have all been done in the temple of Anantheswara itself. Therefore, the Math referred to must be the temple of Anantheswara. This receives corroboration in two ways. In the end of Madhwa Vijayam, it is stated that while expounding Aittariyopanishat to his Sishyas in the temple of Anantheswara, the Acharya is stated to have disappeared from mundane existence. In fact even today the seat which is said to have been used by Shri Madhwacharya is shown to the pilgrims. Secondly, that the Anantheswara temple was the seat of teaching by Madhwacharya receives corroboration and, therefore, separate Krishna Math could not have existed is seen from the importance attaching to Anantheswara even today. Anantheswara is considered to be the holder of the Muli right and Shri Krishna is treated as his tenant."

Court's reasoning:
15. We agree with the view of the learned Judges of the High Court that the shrine in suit is a temple as defined in S. 2 (1) of the Act.16. The evidence on record is fully consistent with the findings of the Courts below that this temple is a place dedicated to the Hindu public and is used by them as a place of public religious worship. It is not disputed that a large number of pilgrims from all over the country visit this place, take part in the worship there, make offerings to the deity and receive the prasad. The institution also receives monetary aid from the State.It is clear from this extract that the various Swamis tour about the country realising contributions from the devotees for the expenses which each of them has to incur during the period of his pariyayam, that the expenses which he has to incur during the period are heavy. The expenses are met out of the income during the two years of his Pariyayam from the State aid and the offering of pilgrims and income of his own Mutt. The fact of raising contributions from the devotees resident in different parts of the country is clear proof of the fact that such devotees have a right to visit the temple and to worship there. If they have no such right, it is improbable that they would be visited by the Swamis for contributions.19. The fact that no instance of any pilgrim being refused permission to worship during the course of the centuries since the installation of the deity goes a long way in establishing and supporting the finding of the Court below that the institution has been held out as one for the benefit of the Hindu and that the Hindus in general have gone to it for worship in exercise of their right of worship and not on account of the permission, express or implied, of the Pariyayam Swami.20. It is true that the fact that a number of pilgrim visit the temple for worship regularly need not, in all cases, lead to the conclusion that the temple is a public one; but such a conclusion will not be arrived at only when there is good evidence about the temple being a privatefollows, therefore, that in the absence of good evidence that a temple is a private one, the mere fact that it is visited by a large number of persons among the Hindu public without any restraint for a number of years, will be good evidence of the fact that the temple had been dedicated to the Hindu public and was for itsis no documentary evidence in this case for supporting the contention of the appellants that the temple was originally founded for the private use of Shri Madvacharya and his disciples. In the absence of such evidence, the long user of the temple by the Hindus in general, together with there being no instance of anybody having been refused permission, must lead to the conclusion and support the finding that the temple had been dedicated to the Hindus in general, and was for their benefit.22. Further, there is no evidence on record, oral or documentary, of course oral was not possible, of the fact that Shri Madvacharya had a Mutt of his own prior to his obtaining the idol of Shir Krishna which he installed in this temple. He is said to have set up eight different Mutts, each for one of his eight disciples. All these eight Mutts have particular names. No Mutt is named after Shri Madvacharya. Ramawami, J., has given good reasons for the view that Shri Madvacharya had no Mutt of his own.A primary Mutt associated with the founder himself must have an independent permanent head. There is no such Matathipathi or head of this so-called Mutt. One of the eight Swamis, the heads of the Asth Mutts, acts as head or manager of this institution for a period of two years. The absence of a head and this system of a head or manager being appointed by rotation, very clearly point to the conclusion that the institution in suit is neither a Mutt nor a temple appurtenant to aCourts below have held against this contention and, we think,finding that the Hindu public had a right to worship in this temple is sufficient to make the institution a temple within the definition of that term in the Act (Madras Act V of 1947), even if the temple be appurtenant to a Mutt. The Boards order, therefore, cannot affect the consideration of the question of the institution being a temple within the meaning of the definition in the Act.