MST. KANCHANIYA AND ORS. versus SHIV RAM AND ORS.

MST. KANCHANIYA AND ORS. versus SHIV RAM AND ORS.

The Pujari as temple manager acts under the control of the Aukaf Department and has no authority to lease temple/government land; patta granted to Malkhan was invalid and conferred no rights; Malkhan and appellants did not acquire Bhumiswami rights. After the lessee’s death, possession of the appellants was unauthorised, justifying eviction under s.248(1).

Parties
Appellants: MST. KANCHANIYA and ORS.; Respondents: SHIV RAM and ORS.
Jurisdiction
India
Judgment Date
22 April 1992
Procedural Posture
Civil Appeal No. 4010 of 1983 / Appeal by Special Leave From Judgment and Order Dated 6.10.1980 of the Madhya Pradesh High Court in Misc. Petition No.12 of 1973
Outcome
Appeal dismissed.
Legal Topics
Madhya Pradesh Land Revenue Code, Temple Trust Land Management, Aukaf Department Control, Mutation and Lease of Temple Lands, Eviction Under Land Revenue Statutes
Land Law Administrative Law Madhya Pradesh Land Revenue Code Temple Trust Land Management Aukaf Department Control Mutation and Lease of Temple Lands Eviction Under Land Revenue Statutes

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Parties

MST. KANCHANIYA and ORS.

Appellants

SHIV RAM and ORS.

Respondents

Procedural Posture

Civil Appeal No. 4010 of 1983 / Appeal by Special Leave From Judgment and Order Dated 6.10.1980 of the Madhya Pradesh High Court in Misc. Petition No.12 of 1973

Legal Issues

  1. 1 Whether Pujari (temple manager) can lease out temple land
  2. 2 Whether lessee acquired Bhumiswami rights under the Madhya Pradesh Land Revenue Code, 1959
  3. 3 Authority for ejectment proceedings under s.248(1) of the Code

Ratio Decidendi

The Pujari as temple manager acts under the control of the Aukaf Department and has no authority to lease temple/government land; patta granted to Malkhan was invalid and conferred no rights; Malkhan and appellants did not acquire Bhumiswami rights. After the lessee’s death, possession of the appellants was unauthorised, justifying eviction under s.248(1).

Court Disposition

Appeal dismissed.

Orders

  • A senior official in the Aukaf Department of the Government of Madhya Pradesh to consider whether the appellants can be permitted to cultivate the land in dispute on suitably revised terms.
  • Appellants not to be dispossessed from the land until the department’s consideration.