GOSWAMI SHRI MAHALAXMI VAHUJI versus RANNCHHODDAS KALIDAS AND ORS.

GOSWAMI SHRI MAHALAXMI VAHUJI versus RANNCHHODDAS KALIDAS AND ORS.

The temple is a public temple, as established by evidence of worship by Vallabha Sampradayees as of right, its affairs being managed for and by the public, maintenance through public contributions, and gifts and offerings treated as temple, not personal property.

Parties
Appellant: Goswami Shiu Mahalaxmi; Respondents: Rannchhodddas Kalidas and Ors.
Jurisdiction
India
Judgment Date
09 September 1969
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Judgment and Decree Dated March 17, 1952, in Appeal No. 385 of 1948
Outcome
Appeal dismissed
Legal Topics
Public Vs Private Temples, Religious Trusts, Temple Management, Dedication of Property, Devotees' Rights

Case Brief

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Parties

Goswami Shiu Mahalaxmi

Appellant

Rannchhodddas Kalidas and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Bombay High Court Judgment and Decree Dated March 17, 1952, in Appeal No. 385 of 1948

  1. 1 Whether the Haveli at Nadiad and properties in schedules A & B are public trust properties of a temple, or private properties of the Goswami Maharaj.

Ratio Decidendi

The temple is a public temple, as established by evidence of worship by Vallabha Sampradayees as of right, its affairs being managed for and by the public, maintenance through public contributions, and gifts and offerings treated as temple, not personal property.

Court Disposition

Appeal dismissed

Orders

  • Properties detailed in the plaint schedules are declared to be temple properties; alienations challenged are not binding on the trust; no order as to costs.