Temple -- Public or private - Determination - Inam rights conferred on Mandir not on pujaris - Even documents on record shows that Mandir is recorded as `Bhumiswami' for suit property and names of specific individuals are recorded only as pujaris - Contention of plaintiff that they become Mahant of temple and entitled to manage the affairs of temple as its properties..........
Lease deed -- Interest of lessee - Lessee raised construction after getting the property on lease - Executor, being not the Mahant of the religious institution, has no authority to execute the lease deed - Once the lease deeds itself are void ab intio, lessee cannot claim any equity in their favour...........
Limitation Act, 1963, Article 59 -- Limitation - Religious institutions - Suit for possession - Religious institutions are to be treated as a minor as they are not able to manage the property themselves and they have to act through their manager or Mahant and such managers have to act under some limitations - In the case in hand, suit filed on lease deed executed by Mahant..........
Succession Act, 1925 -- No evidence to prove that deceased Mahant had renounced the world and had become a Sanyasi and petitioner failed to establish that he has succeeded to deceased Mahant - Petitioner did not produce any material to support his claim - Collector justified in holding that property of Mahant stands vested in State Government, as there is no legal heir of..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Right of management of temple and its property as `Mahant/Pujari" or `Manager' - Necessary pleadings in this respect analysed - Pleadings should be as to on what basis, he was claiming post of "Mahant/Pujari" or "Manager" - was it through his forefathers or through any other channel and who, according to him,..........
Debutter property -- Alienation - Property given for maintenance of religious worship and of charities connected with it is inalienable - Mohatmim or a Mahant has no power to alienate property except for his need or for benefit of estate...........
Transfer of Property Act, 1882, Section 105 -- Lease - Property belonging to deity - Mohatmim/mahant of property can execute lease only for the benefit of estate or for legal necessity - Execution of lease without such conditions is illegal, null and void and creates no right, title and interest in favour of plaintiff - Lease deed rightly cancelled by Temple...........
Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Plaintiff owned the suit property as disciple of deceased/mahant by way of Will - Defendant himself admitted that whole property was under ownership/mahantship of deceased, thus there remains no room for any doubt that deceased had authority to execute Will in favour of plaintiff - Even execution of Will..........
Evidence Act, 1872, Section 110 -- Suit for recovery of possession - Person in possession cannot be dispossessed unless he is shown to have better right than defendant - Instantly, plaintiff who seeks himself to be declared as Mahant cannot secure relief without a specific relief sought for in that regard - Since plaintiff's status denied by defendant which is affirmed by..........
Succession Act, 1925, Section 63, Civil Procedure Code, 1908, Order 1, Rule 10 -- Grant of succession certificate - Impleadment - Revision petitioners have come out with serious objections questioning very authority of Committee which was allegedly formed before ever succession certificate is issued to respondent-committee - Original Will also in custody of revision..........
