Case Note & Summary
The case involves a first appeal against the judgment of the Additional District Judge, Washim, confirming the orders of the Joint Charity Commissioner and Assistant Charity Commissioner that declared Shri Laxminarayan Mandir, Sansthan, Malegaon as a public trust under the Maharashtra Public Trusts Act, 1950. The appellants, Nathmal Tannalal Janu and Madanlal Rampratap Jaju, contended that the temple was a private trust belonging to their family. The respondent, Bansilal Chandulal Jaju, along with the Charity Commissioner, argued that the temple was a public trust. The court examined evidence including the fact that the public at large used the temple, made offerings, and that the trustees were managing the temple on behalf of the public. The court held that the temple is a public trust and dismissed the appeal, upholding the orders of the lower authorities.
Headnote
A) Public Trust - Determination of Public or Private Trust - Sections 2(13), 19, 22A, 70, 72 of Maharashtra Public Trusts Act, 1950 - The court considered whether the temple was a public trust based on evidence of public user, offerings from public, and management by trustees - Held that the temple is a public trust as the public at large used the temple and made offerings, and the trustees were managing it on behalf of the public (Paras 1-10).
Issue of Consideration
Whether Shri Laxminarayan Mandir, Sansthan, Malegaon is a public trust or a private trust.
Final Decision
Appeal dismissed. The judgment and order dated 18.11.1991 of the Additional District Judge, Washim confirming the orders of the Joint Charity Commissioner and Assistant Charity Commissioner declaring Shri Laxminarayan Mandir as a public trust is upheld.
Law Points
- Public Trust
- Burden of Proof
- Evidence of Public User
- Offerings from Public
- Presumption of Public Trust
Case Details
2011 LawText (BOM) (03) 171
Shri V.P. Panpaliya for appellants, Shri T.U. Tathod for respondent No.1, Mrs. M.H. Deshmukh, AGP for respondent No.2
Nathmal Tannalal Janu and Madanlal Rampratap Jaju
Bansilal Chandulal Jaju and Charity Commissioner, Maharashtra State
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Nature of Litigation
First appeal against judgment confirming declaration of temple as public trust.
Remedy Sought
Appellants sought to set aside the orders declaring the temple as a public trust.
Filing Reason
Appellants claimed the temple was a private trust, not a public trust.
Previous Decisions
Assistant Charity Commissioner, Akola on 3.8.1970 held the temple as public trust; Joint Charity Commissioner, Aurangabad on 12.2.1986 dismissed revision; Additional District Judge, Washim on 18.11.1991 confirmed the order.
Issues
Whether Shri Laxminarayan Mandir is a public trust or a private trust.
Submissions/Arguments
Appellants argued that the temple is a private trust belonging to their family.
Respondents argued that the temple is a public trust based on public user and offerings.
Ratio Decidendi
The temple is a public trust because the public at large used the temple and made offerings, and the trustees managed it on behalf of the public, establishing it as a public trust under the Maharashtra Public Trusts Act, 1950.
Judgment Excerpts
This appeal is directed against the judgment and order dated 18.11.1991, passed by the Additional District Judge, Washim in Misc. Judicial Case No.8/1989, confirming the judgment and order dated 12.2.1986, passed by the Joint Charity Commissioner, Aurangabad in Revision Petition No.87/1980 as well as the first order dated 3.8.1970, passed by the Assistant Charity Commissioner, Akola Region, Akola holding Shri Laxminarayan Mandir, Sansthan, Malegaon, Tq. Washim to be a public trust and thus directing...
Procedural History
Assistant Charity Commissioner, Akola passed order on 3.8.1970 declaring temple as public trust. Revision Petition No.87/1980 before Joint Charity Commissioner, Aurangabad dismissed on 12.2.1986. Misc. Judicial Case No.8/1989 before Additional District Judge, Washim dismissed on 18.11.1991. First Appeal No.404/1992 filed before Bombay High Court, Nagpur Bench, dismissed on 30.3.2011.
Acts & Sections
- Maharashtra Public Trusts Act, 1950: 2(13), 19, 22A, 70, 72
