MAHANT PARICHCHAN DAS versus THE BIHAR STATE BOARD OF RELIGIOUS TRUSTS & ORS.

Citation: [1980] 1 S.C.R. 1125 · Decided: 06-11-1979 · Supreme Court of India · Bench: R.S. SARKARIA · Disposal: Dismissed

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Judgment (excerpt)

1125 
MAHANT PARICHCHAN DAS 
v. 
THE BIHAR STATE BOARD OF RELIGIOUS TRUSTS & ORS. 
Novernber 6, 1979 
[R. S. SARKARIA AND 0. CHINNAPPA REDDY, JJ.] 
Bihar Hindu Religious Trusts Act, 1951 (1 of 1951)-Trust of a public 
'()T private nature-TeSts. 
The appellant (plaintiff) the present Mahan!, filed a suit for a declaration 
A 
, that the ple .. int-schedule- properties were his personal properties1 and that there 
was no trust of a religious or public nature so as to· attract the provisions of 
the Bihar Hindu Religious Trust Act 1951. It was contended in the suit that 
C 
one G constructed a temple on his own land in the village, installed deities~ 
performed puja and raj-bhog till his death, that the public had no concern 
with tho idols and that after his death he was succeeded by his son who 
became a bairagi. Apart from the properties left by him, his son also acquir-
•ed other properties. On the son's death he was succeeded by his Chela who 
•became a Mahant. Each succeeding Mahant was succeeded by 
his Chela. 
Properties vmre acquired by the respective Mahants in their own name 
and 
D 
trela!ted as their personal properties. One of the Mahants constructed a temple 
in a. nearby village where he installed deiti~s and performed puja and raj-bhog. 
It ·was claimed that the temple and the properties were the private properties 
•of the Mahant and the public did Ilot havC any interest or right 
in 
them. 
The suit was contested by respondent No. ·),,.contending tbQt the temples and 
the properties were not the private properties of the Mahant and that they 
'belonged to a Hindu Religious Trust to which the provisions of the 
Bihar 
E 
Hindu Religious Trusts Act, 1951 were applicable. The Trial Court dismissed, 
the suit and its decree was confirmed by the High Court. 
In the appeal to this Court, the question was whether the plaint-schedule 
properties were properties in respect of which there was~-a trust of a public' 
or religious nature so as to attract the provisions of the Bihar Hindu Religious 
Trusts Act, 1951. 
F 
. HEID : !. The High Court was right in holding that there wai a trust 
of a public nature. [1130BJ 
2. The fact that members of the public were permitted to go to the 
temple without any hinderance might not be a circumstance which by itself 
worud conclusively establish that the temple was a public temple 'in the 
absence of an ~lement of right in the user of the temple by the public. Con-
G 
versely the free use of the properties of the temple by the Mahant at a time 
when he was the sole. manager of the temple and its properties would not 
.necessan1y le!ad to the inference that the temple was not a public temple. [1129EJ 
3. There can be no simple or conclusive factual test to determine the 
«Character of a trust. The totality of the circumstances and their effect must be 
.considered. [1129FJ , 
B 
In the instant case not only were the members of. the public allowed free 
access ·to the. temple, but they were evincing much great.er interest in the instl-
A 
B 
c 
D 
1126 
SUPREME COURT REPORTS 
[1980] 1 s.c.R. 
tution as several villagers had made gifts of land to it, a circumstanct; which 
would ordinarily be consistent with the nature of the institution being public 
and not private. [1129F] 
4. The situation of the temple woulq be an 
important 
circumstance 
in 
determining whether it was private -0r public. [1129G] 
Deoki Nandan v. Mur/idlzar [1956] S.C.R. 756 refetred to: 
In the instant case the High Court had pointed out that the temple was 
constructed outside the village o:D. open land between two vil}Uoges so as to be 
convenient to the villagers of both the villages. It was constructed on a high 
platform and was open on all sides with plenty Of space around it, so as to-
attract and accommodate large number of villagers from two villages. This 
indicated that the trust was of a public nature. 
[1129H~1130AJ 
5. The d.onatioo of land by members of the public to the insti.tution and 
location of the temple at a place freely. l!<cessible and convenient to the pnblio 
were circumstances which indicated that the trust was of a public nature. [1130BJ 
Bihar State Board Religiou3 Trust, Patna v. Mahanl Sri Biseshwsr Das~ 
[1971] 3 S.C.R. 680, distinguished. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No, 2582 of 1969. 
From the Judgment and Decree dated 12-12-1961 of the Patna 
High Court in Appeal from Original Decree No. 50/57. 
B. P. Singh for the Appellant. 
E 
D. Gobardhan for Res

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