Supreme Court of India
HEIR OF DECEASED MAHARAJ PURSHOTTAMLALJI MAHARAJ, JUNAGADversusCOLLECTOR OF JUNAGAD DISTRICT & OTHERS
- Citation
- 1986 INSC 184
- Decided
- 9 September 1986
- Disposal
- Disposed off
- Bench
- R S PATHAK
Holding
The Haveli and its listed properties are a public trust under the Bombay Public Trusts Act, succession is by inheritance, but the proceeds of Guruseva and Charanseva are not part of the public trust.
Summary
The widow of Maharaj Purshottamlal, a lineal descendant of the founder of the Pushti Margi Sampradaya, managed a Haveli in Junagadh that housed the deity and served as the residence of successive Goswamis. She filed an application under section 18 of the Bombay Public Trusts Act, 1950, claiming that the Haveli and its movable and immovable assets did not constitute a public trust. The Assistant Charity Commissioner and the Charity Commissioner held that the Haveli was a public trust, a finding affirmed by the Gujarat High Court, which also held that offerings made to the Guru (Guruseva and Charanseva) formed part of the trust’s income. On appeal, the Supreme Court applied the five‑test criteria for determining a public temple, examined the evidence of state grants, donations, public worship, and management, and concluded that the Haveli and its thirty‑eight listed properties are indeed a public trust with succession by inheritance. However, the Court rejected the High Court’s view that the Guru’s offerings constitute trust income, holding that such proceeds are personal to the Guru and not part of the public trust. Consequently, the appeal was partly allowed, affirming the public‑trust status but excluding the Guru’s offerings, while the connected appeal was dismissed.
Issues considered
- Whether the Haveli and its movable and immovable properties constitute a public charitable trust under the Bombay Public Trusts Act, 1950 (s.2(13) & s.2(17)).
- Whether succession to the trusteeship of the Haveli is by inheritance without State sanction.
- Whether the Guruseva and Charanseva (offerings made to the Guru) form part of the income of the public trust.
- Whether Hindu law of religious endowments applies to the Haveli despite the cult’s customs.
Legislation cited
- Bombay Public Trusts Act, 1950s. 2(13), s. 2(17), s. 2(18)
Subjects
public trustHindu religious endowmentsBombay Public Trusts Acttemple propertysuccession by inheritanceGurusevaCharansevadoctrine of Brahma Sambadha
Judgment
A
HEIR OF DECEASED MAHARAJ PURSHOTIAMLALll
MAHARAJ, JUNAGAD
v.
COLIBCTOR OF JUNAGAD DISTRICT & OTHERS B
SEPTEMBER 9, 1986
-..{ [R.S. PATHAK AND RANGANATH MISRA. JJ.]
Hindu Law of Religious Endowments: c
_.\ Bombay Public Trusts Act, 1950: ss. 2( 13), 2( 17) and 18-Haveli
of Pushti Margi cult-A temple-Whether public trust-Tests to be
applied.
Gurus~va, Pradeshseva and Charanseva bhets-Offerings made D
at the feet of Guru-Distinct from those made before deity or put in
Golak-Whether constitute personal income of Guru-Doctrine of
Brahma Sambadha.
Shrimad Vallabhacharyaji was the founder of Pushti Margi
Sampradaya. Goswami Madhavraiji was a direct lineal descendant of E
-~ the founder. He came over to Junagad in Saurashtra from Amreli dis-
trict of Gujarat in the year 1776 with his own deity on the invitation of
the Muslim Nawab. Impressed by his attainments the Nawab made
grants of property byth for residence as also cultivation. On the prop-
erty gifted for residential purpose Madhavraiji raised a Haveli. It
I· housed the deity in the ground floor and in the first floor thereof F
/ ' . Goswami Madhavraiji and after him his descendants and members of
their families have been living generation after generation.
The Bombay Public Trusts Act, 1950 was extended to Saurashtra
area of Gujarat State in the year 1961. The appellant, the widow of
Mah:frajshree Pnrshottamlalji, a lineal descendant of the founder, who G
had been in charge of the management of the Haveli and its assets, both
moveable and immoveable, ever since the demise of her husband in
1955, made an application to th~ Assistant Charity· Commissioner un-
der s. 18 of the Act in October, 1961 contending that the Haveli and its
properties did not constitute a public trust. The Assistant Charity Com-
missioner and the Charity Commissioner found that the institution was H
705
706 SUPREME COURT REPORTS [1986] 3 S.C.R.
I
A a public trust and that all the forty items of property belonged to the
trust.
In appeal by the appellant, the High Court held that (i) the Haveli
Mandir was a public trust within the meaning of s. 2(13) read with s.
B 2(17) of the Act; (ii) the moveable and immoveable properties which
were thirty eight in number belonged to the trust; (iii) the appellant was
the trustee of the temple and its properties, and the succession to the
trusteeship was by inheritance without the sanction of the State, and
(iv) Gumseva and Charanseva Bhets offered by the devotees of Val-
labha cult formed· part of the public trust, on the view that once
Brahma-Sambadha is established, the Guru as also every devotee in the
c cult loses his individuality and his very existence (apart from the physi-
cal) merges with the Lord.
In the ap11eal to this Court intervention by devotees was permitted
mainly on the ground that the High Court had dealt with and relied
upon religious custom and practice of the Pushti Margi cult and the
D
treatment given by the High Court was wrong. It was contended for the
appellants that the bhets to the Guru were offerings to him as distinct
from offerings to tlie deity and in consideration of the feature that the
Vallabha Sampradayin Guru enjoyed a special position, these offerings
must be held to be his and not that of the deity.
E Allowing the appeal in part and dismissing the connected appeal,
the Court,
HELD: I. Pushti Margi Vaishnavas following the Vallabha Colt
are Hindus and the Hindu Law of religious endowments is applicable to
their havelies. It was, therefore, not necessary in the instant case, to
F scan their religious philosophy to decide the issue. [71 JE]
2. The High Court was right in holding that the Haveli and the
listed thirty-eight items of property constituted a public trust under the
Bombay Public Trusts Act, 1950 and that succession to trusteeship was
by inlleritance without sanction of the State. In reaching that conclusion
G the Court has scrutinised the evidence, both documentary and oral,
keeping the proper perspective in view, appropriately utilised the five
way test formulated by this Court and the other features relevant in
determining the character of a Hindu temple, and taken note of the
position that Goswami Maharaj enjoyed among the devotees as their
spiritual leader. In a, dispute of this type, a single or a few features
H
MAHARAJ OF JUNAGAD v. COLL. OF JUNAGAD 707
would not provide the conclusive basis for the decision to be arrived at. A
The entir~ material has to be scanned and the ultimate decision has to
rest on the sum total view. l7·15A-B; 714F-G]
Tilkayat Shri Govindlalji Maharaj v. The State of Rajasthan and
others, [1964] 1 ·SCR 561; Goswami Shri Mahalaxmi Vahuji v.
Rannchhoddas Kalidas and Ors., [1970] 2 SCR 275; and Tagore Law B
o/
Lectures on Hindu Law Religious and Charitable Trusts by Dr. B.K.
Mukherjea, refereed to.
3.1 The proceeds of the Guruseva and Pradeshseva do not consti-
tute part of the public trust. [716G]
c
3.2 Vallabha and his descendants enjoyed a special position in the
community of devotees. They have been leading collective and congre·
gational prayers within the Haveli and acting as the religious preceptor
·---(·
of the devotees. It is customary for a devotee to make offerings at the
feet of the Maharaj when he meets him in the Haveli or during his visits
to areas coming within the territorial limits of the Haveli. I715D-E] D
3.3 There is a d~stinction between an offering made before the
deity or put into the Golak and that pnt at the feet of the Gnru. 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, for what is laid
at the feet of the Guru is intended to be an offering to him and not to the E
deity. [716E)
3.4 The doctrine of Brahma-Samhadha is not applicable to the
l .instant case, for nothing has been shown from the record to justify the
("~ conclusion that the Guru is only a conduit pipe between the devotee at
one end and the Lord on the other so as to lead to an inference that F
-~ whatever is offered at the feet of the Guru belongs to the Lord. The
preceptor has his position and if he is not a conduit pipe in the sense
stated, what is laid at his feet out of reverance by the devotee must
belong to him. In view thereof the finding of the High Court on this issue
cannot, therefore, besustained. [7168-C] ·
G
Commissioner, Hindu Religious Endowments, Madras v. Sri
Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, [1954] SCR 1005,
referred to.
CIVIL APPELLATE JURISDICTION: Civil Appeal No.
3168&3167of-1986 H
708 SUPREME COURT REPORTS [19861 3 S.C.R.
A From the Judgment and Order dated 21.9.1984 of the Gujarat
High Court in First Appeal no. 163 of 1974 and Civil Application No. 9 )"-
of 1982
.
B.K. Mehta, A.B. Mamar and Ms. Indu Sharma for the Appel-
.
B lant in C.A. No. 3168 of 1986.
P.H. Parekh and P.K. Manohar for the Appellant in C.A. No.
3167 of 1986. -'r
S.H. Seth, T.U. Mehta, Vimal Dave, C.D. Kakkad, Ajay,
Rajeshwar Rao and M.N. Shroff for the Respondents. )
c
T.S. Krishnamoorthy Iyer and Mukul Mudgal for the Intervener
in C.A. No. 3168 of 1986.
Anil K. Nauriya and K.L. Hathi for the Intervener in C.A. No.
3167 of 1986.
D
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
F
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 A and B 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
E
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
F
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
G
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
H 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 A
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
E
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
F
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
H necessary.
MAHARAJ OF JUNAGAD v. COLL. OF JUNAGAD [MISRA. J.) 717
The appeal is partly allowed. Parties are directed to bea.r their A
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
B
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.
~-
•
'
..
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