HEIR OF DECEASED MAHARAJ PURSHOTIAMLALll MAHARAJ, JUNAGAD v. COLIBCTOR OF JUNAGAD DISTRICT & OTHERS

The Judgment of the Court was delivered by

RANGANATH MISRA, J, These two appeals by special leave assail the judgment of the Gujarat High Court substantially affirming 'the appellate decision of the Charity Commissioner that the Pushti ~ E Margiya Moti Havali at Junagad and thirty-eight items of its properties constitute a public trust under the Bombay Public Trusts Act, 1950.

The appellant is the widow of Maharajshri Purshottamlalji who :idmittedly was a lineal descendant of Shrimad Vallabhacharyaji, the founder of the Pushti Margi Sampradaya. Purshottamlalji passed away in 1955 and, after him, the appellant has been in charge of the manage- ment of the Haveli and its assets both moveable and immoveable. The Bombay Public Trusts Act, 1950, (hereinafter referred to as 'the Act') was extended to Saurashtra area of the Gujarat State in the year 1961. In October 1%1, the appellant made an application to the Assistant Charity Commissioner at Rajkot under section 18 of the Act contend- G ing that the Haveli and its properties did not constitute a public trust. An inquiry followed to determine the character of the institution and the Assistant Charity Commissioner and the Charity Commissioner found that the institution was a public trust and all the forty items of property belonged to that trust. The High Court on appeal by the appellant has, however, recorded the following findings: H

710 SUPREME COURT REPORTS [19861 3 S.C.R.

A (i) Whether the Haveli Mandir of Madan Mohanlalji situated at Junagad is a public charitable trust within the meaning of section 2(13) read with section 2(17) of the Act?

(ii) Whether the moveable and immoveable properties de- B scribed in appendices and in the judgment of the Char- ity Commissioner belong to the said public trust? ~ (iii) What is the mode of succession to trusteeship of the trust? / i c (iv) What are the sources of income of the said trust? tJ. The High Court went into the matter at great length, settled the tests to be applied for determining the character of the institution by carefully referring to several decisions of the Judicial Committee of the r Privy Council, different High Courts and this C6urt; examined the D documentary as also the oral evidence analytically and relied upon the following features for coming to the conclusion that the Haveli and the thirty-eight properties constituted a public trust:

(1) Grants of property by the State of Junagad for con- struction of Haveli and its upkeep; gifts of immoveable -( E properties from time to time by devotees.

(2) Donations for repairs, renovation and expansion from the devotees of the Sampradaya; .... ' (3) Tablets placed on the walls of the Haveli showing . --'.. F particulars of substantial donations; 't- (4) Right of darshan enjoyed by devotees at large;

(5) Holding of religious festivities and performances on grand scale; G (6) Placing of Golaks (hundies) in different parts of the haveli for collection of offerings from devotees visiting the temple; Ji. .. (7) Service rendered by the devotees for maintenance and H upkeep of the ha veli;

MAHARAJ OF JUNAGAD v. COLL. OF JUNAGAD [MISRA. J.] 711

(8) Treatment meted by' the State over the years towards A ~{ the temple;

(9) The get-up of the Haveli; and

(JO) The contents of the application for registration of the B haveli (Exh. 36) and the stand of the appellant with refer- ertce to the same. -+ While dealing with these features, the High Court considered certain other aspects--;;ome connected with the above and others

- \ not-and in an elaborate and well-considered judgment came to the conclusions which have already been indicated. · c In this Court intervention by devotees was asked for mainly on ~- the ground that the High Court had dealt with and relied upon religi- ous customs and practices of the Pushti Margi Cult and the treatment given by the High Court was wrong. This Court permitted intervention D confined to written submissions. Eleven thousand and twelve affida- vits came to be filled by the devotees of the cult and at the hearing, one of them on his persistent request, was heard for some time. A plea was made that the questions in dispute could be disposed of without going at length into the religious philosophy of the Cult. Admittedly Pushti r~ Margi Vaishnavas follo~g the Vallabha Cult are Hindus and the E Hindu law of religious endowments is applicable to their havelis. It is, therefore, unnecessary to scan their religious philosophy at length to decide the present dispute.

-~~- the nature of temples of this cult and it is appropriate that we. refer to This Court had occasion twice to deal with disputes relating to F them at this stage. A five Judge Bench in Tilkayat Shri Govindlalji Maharaj v. The State of Rajasthan and others, 11964) 1 SCR 561 was ~ called upon to adjudicate the character of the famous Nathdwara Tern- pie. It had been canvassed on behalf of the Tilkayat that it was against the tenets of the Vallabha School to worship in public temples. This Court held: G "Therefore, we are satisfied that neither the terms nor the religious practices of the Vallabha School necessarily postu- _,.;;.._ !ates that the followers of the School must worship in a private temple, some temples of this cuit may have been private in the past and some of them may be private even H

712 SUPREME COURT REP0RTS [1986[ 3 S.C.R.

A today. Whether or not a particular temple is a public tem- ple must necessarily be considered in the light of the relev- ant facts relating to it. There can be no general rule that a public temple is prohibited in Vallabha School."

B This conclusion appeals to us and we are also bound to accept the same as a correct proposition. In Goswami Shri Mahalaxmi Vahuji v. Rannchhoddas Kalidas and Ors., [1970 I 2 SCR 275 where the dispute related to the character of the Haveli at Nadiad, a three Judge Bench followed the conclusion in Tilkayat's case (supra) that there was no restriction on worship in public temples in the Vallabha tenets. It was further stated: j_ c "Yet another contention taken on behalf of the appellant is that the architecture of the building in which Gokulnathji is housed and the nature of that building is such as to show that it is not a public temple. It was.)ll"ged that that building does not possess any of the characteristics of a Hindu tem- D ple. It has not even a dome. This contention again has lost much of its force in view of the decision of this Court refer- red to earlier (Tilakayat's case). Evidence establishes that Vallabha's son and his immediate successor Vithaleswar had laid down a plan for the construction of temples by the Vallabha Sampradayes. He did not approve the idea of constructing rich and costly buildings for temples. Eviden- tly he realized that religious temple buildings were not safe under the Mohamedan rule. For this reason he advised his followers to construct temples of extremely simple type. The external view of those temples gave the appearance of dwelling houses. It appears to be a common feature of the ~ temples belonging to the Vallabha Sampradayes that the ground floor is used as the place of worship and the first 'j. floor is used as the residence of Goswami Maharaj ..... " ' The Haveli at Nadiad was held to be a public trust notwithstand- ing its appearance of a residential house and the fact that in the upper floor, the Goswami Maharaj had his living abode. In Maha/axmi's case (supra) this Court again said:

"If a temple is proved· to have originated as a public tem- ple, nothing more is necessary to be proved to show that it is a public temple but if a temple is proved to have

MAHARAJ OF JUNAGAD v. COLL. OF JUNAGAD [MlfaA. J.] 713

originated as a private temple Or its origin is unknown or lost in antiquity ,ihen there must be proof to show that it is being used ·as a public temple. In such cases the true character of the particular temple is decided on the basis of various circumstances. In these cases the Courts have to address themselves to various questions such as: B (i) Is the temple built in such imposing manner that it

. may prima facie appear to be a public temple?

(ii) Are the members of the public entitled to worship in that temple as of right? c (iii) Are the temple expenses met from the contributions made by the public?

-f'• (iv) Whether the sevas and utsavas conducted in the tem- ple are those usually conducted in public temples? D (v) Have the management as well as the devotees been treating that temple as a public temple?"

The High Court has found in this case that the Haveli was a public temple from the inception. It took into account the fact that the haveli was built upon the land donated by the Ruler of Junagad and for its upkeep sumptuous provisions. had been made ·by the State. The material on record justifies the inference drawn by the High Court that when Goswami Madhavraiji came to J unagad in response to the invita- tion carrying his deity with him, he obviously did not come with the mental frame of raising a haveli. That became possible on account of the gifts made by the Ruler. Therefore, it would be quite appropriate to affirm the finding of the High Court that the haveli was built out of the grants made by the Nawab and gifts and offerings made by the devotees around that time. -

Mr. Mehta, learned counsel for the appellants seriously chal- G lenged the finding of the High Court that the haveli and its properties constituted a public trust. We have given a close look to the judgment and are of the view that the High Court scrutinised the evidence-both documentary and oral-keeping the proper perspective in view. The five way test formulated by this Court in Mahalaxmi's case (supra) and the other relevant features referred to by Dr. B.K. Mukherjea in the H

714 SUPREME COLlRT REPORTS 11986] 3 S.C.R.

A Tagore Law Lectures on Hindu Law of Religious and Charitable Trusts for use as tests in determining the character of a Hindu temple have been appropriately utilised by the High Court while assessing the evidence. The large contributions by the devotees evidenced by tablets placed on the walls of the haveli, contributions by members of the public for its repairs and expansion, the clear evidence regarding the B manner and scale in which festivities are celebrated at the haveli, public grants of property made for the upkeep of the institution, in- terference with the management of the haveli by the State when a minor succeeded to trusteeship, the fact that the members of the public had darshan freely and without let or hindrance from-the appel- lant ·and her predecessors (the two instances of obstruction having c rightly been rejected by the High Court), placing of golaks or hundies at different places within the haveli for collection of contributions from the devotees, that the State had either remitted the rent or adopted a quit rent basis for the lands granted to the haveli, the fact that the Junagad State levied and collected a cess for the maintenance of the haveli, the other havelis or temples of the Samprada:r.a under the con- D trol of the disputed haveli had been accepted as public trusts and were registered as such and the like were justifiedly utilised by the High Court as features and materials for holding that the haveli was a public trust. The High Court did take into account certain other features from which support was sought by the appellant for her stand that the haveIi was a private trust and did not come within the ambit of the Act. E These are the features like some of the grants being personal, the Barkhali Abolition compensation not having been settled on annuity basis, the upper portion of the haveli being used as private residence of the Goswamiji, the mode of accounting, the income being shown as personal in the returns under the Income-tax Act and the like. We find that the High Court has also appropriately taken note of the position F that Goswami Maharaj enjoyed among the devotees as their spiritual leader and upon an assessment of the total evidence, it has reached its conclusions. In a dispute of this type, a single or a few features would not provide the conclusive basis for the decision to be arrived at. On the other hand, the entire material has to be scanned and the ultimate conclusion has to rest on the sum total view. That is exactly what the G High Court has done.

The tests to be applied for deciding whether a temple is public or private have been laid down in a catena of cases by this Court and reference to them was made by learned counsel for the parties in course of the hearing. Since we are recording a judgment of affirmance H

MAHARAJ OF JUNAGAD v. COLL. OF JUNAGAD [MISRA. J.[ 715

and the tests are well-known, we do not propose to advert to them A -ti ' n_ow. In agreement with the High Court we hold that the Haveli and the listed thirty-eight items of property constitute a public trust under the Act and we also affirm the finding that succession to trusteeship is by inheritance without sanction of the State. B We have now to examine the correctness of the conclusion reached by the High Court regarding the character of the guruseva ~ bhet and charcmseva bhet. The High Court has found that these also are a part of the source of income and according to it, ihese constitute an important source of income of the trust. It is the accepted situation

- ~. that Vallabha and his descendant~ enjoyed a special position in the com- munity of the devotees. In Ti/kayat's case. (supra) this Court pointed out: c "It is significant that this denomination does not recognise the existence of Sadhus or Swamis other than the des- -( ,, cendants of Vallabha ........ D It is the practice of Goswami Maharaj to lead collective and congrega- tional prayers within the haveli and act as the religious preceptor of the devotees. It is customary for the devotee to make offerings at the feet of the Guru when he meets the Maharaj. Such offerings are known as charan seva or offerings at the feet of the Guru. It is also the accepted ).- position that the Guru moves ahout among the devotees living in E different areas coming within the territorial limits of the haveli. It is equally customary for devotees who meet the Guru while he is on the move outside the headquarters to make similar offerings and these are ~ known as Pradesh Seva. The High Court has towards the end of its

f judgment adverted to these gifts and said:.

"In addition thereto. Gur'!bhet and Charanseva bhets given F

-4 to the concerned Maharaj also formed substantial portion of the temple income. As the evidence shows more than 70% of the temple income springs from the source of pradesh seva and guruseva bhet. We fully concur with the finding of the Charity Commissioner in this aspect." G This finding of the High Court has been seriously assailed by appel- !ant's learned counsel. Support has been sought from the observations of the Constitution Bench judgment of this Court in the Commis- sioner, Hindu Religious' Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, [1954] SCR 1005 to contend that H

716 SUPREME COURT REPORTS [1986] 3 S.C.R.

A the bhets to the Guru are offerings to him as distinct from offerings to the deity and in consideration of the feature that the Vallabha Sampradayin Guru enjoys a special position, these offerings must be held to be his and not of the deity. The Higb Court has taken the view that once Bramha-Sambadha is established, the Guru as also every devotee in tbe cult loses his individuality and his very existence (apart B from the physical} merges with the Lord. This has been an over- stretching of the doctrine. Though we do not intend to enter into the religious rites and practices of the cult;nothing has been shown from the record to justify the conclusion that the Guru is only a conduit pipe

c between the devotee at one end and the Lord on the other so as to lead to the conclusion that whatever is offered at the feet of the Guru belongs to the Lord. . ·~ - In Shirur Mutt case (supra), this Court was considering the vires of the provision in section 30 of the Madras Hindu Religious and Charitable Endowment Act, 1951, which required the personal gifts (Pada Kanikkais) to be duly accounted for and to be spent for the D purpose of the Mutt. The gifts were taken for granted to be personal and examination was not undertaken to ascertain whether such gifts laid at the feet of the Guru were personal or otherwise. Yet inferen- tially support is available for the view that what is laid at the feet of the Guru is intended to· be an offering to him and not to the deity. There is a distinction between an offering made before the deity or put into the E Golak and pui at the feet of the Guru. In the earlier case, it is clearly a gift to the deity while in the latter, in the absence of anything more, it would be one to the Guru. The Higb Court, by accepting the doctrine of Bramha Sambadha reached the conclusion that such gifts were also to the deity. Though the character of pada Kannikaris was not in issue before this Court in Shirur Mutt case, the fact that the Court pro- . F ceeded on the footing that such gifts were personal is a feature which cannot be overlooked. The preceptor has his position and if he is not a conduit pipe in the sense stated above, what is laid at his feet out of reverence by the devotee must belong to him. We are not in a position to uphold the finding of the Higb Court on this score and would conc- lude that the proceeds of the Guruseva and Pradesh Seva do not consti- G tute part of the public trust. The High Court has said that these two sources contribute seventy per cent of the income of the trust. No argument was raised on this aspect by either side. We, however, hope and trust that the Goswami Maharaj or in his absence, his lawful heir succeeding him, will continue in his discretion to allow the trust of which he is the administrator to draw upon this source as and when necessary.

MAHARAJ OF JUNAGAD v. COLL. OF JUNAGAD [MISRA. J.) 717

The appeal is partly allowed. Parties are directed to bea.r their respective costs throughout.

Ajanta Estate Agency, the appellants in the connected appeal entered into an agreement with the trustee to purchase certain proper- ties during the pendency of the litigation arising. out of the enquiry under the Act. Once the properties are held to belong to the public trust, the appellants would ha've no claim to enforce and the appeal has · io fail. We dismiss the appeal without any direction for costs in this Court. ·

- :\'. P.S.S. Appeal dismissed.