While according to Pandit Durga Prasad, the predecessor in interest of respondent number.1 a to e , the temple and the shops are property of his family and they do number belong to any public trust.
In this appeal, Seth Chand Ratan and the Registrar of Public Trust were arrayed as respondent number.1 and 2 and the nine tenants of the property were arrayed as respondent number.3 to 11.
Case number2 of 1984.
Pandit Durga Prasad also filed Misc.
Since the Registrar had companymitted a mistake while passing the order dated 7.2.1955 by which Maheshwari Panchayati Mandir was registered as a public trust, the said mistake was rightly companyrected by him.
Since Pandit Durga Prasad did number move an application to the Court, the Registrar himself made a reference to the Court under Section 26 2 of the Act, which was registered as Misc.
First Appeal No.384 of 1987 before the High Court but the same was dismissed by the order dated 26.11.1988.
Pandit Durga Prasad opposed the prayer made in the application on the grounds, inter alia, that Shri Madan Mohan Mandir and the properties in the precincts thereof were number properties of a public trust but were his private properties.
The result of the dismissal of the appeal was that as between the parties the order passed by the First Additional District Judge, Hoshangabad in Misc.
First Appeal No.384 of 1987 under Section 27 3 of the Act before the High Court of Madhya Pradesh challenging the same judgment and order dated 28.3.1985 of First Additional District Judge, Hoshangabad in Misc.
The further argument of the learned companynsel is that the order passed by the Registrar on 31.12.1983 by which he made a reference to the Court was illegal inasmuch as such a direction companyld only be issued in the case of a public trust but as the temple and the shops were number the property of a public trust, numbersuch reference companyld be made and the order passed by the First Additional District Judge is also illegal and the same was rightly quashed in the writ petition preferred by Pandit Durga Prasad.
This application was rejected and companysequently the appeal was also dismissed by the High Court on 26.11.1988.
This order, which is deemed to be a decree under Sub section 3 of Section 27 of the Act was challenged by Pandit Durga Prasad by filing Misc.
In appeal this Court set aside the judgment of the Division Bench of the High Court with the following observations .
In this application Pandit Durga Prasad and some tenants of the shops were impleaded as opposite parties.
Case No.2 of 1984 became final.
Seth Chand Ratan moved an application on 7.2.1955 for amalgamation of application number.73 and 206.
Another application was moved by Seth Champalal Sheonarayanji Rathi, Seth Laxminarayanji Rathi and some others on 30.8.1953 before the Registrar for registration of a trust known as Maheshwari Panchayati Mandir, Harda and this application was registered as case No.206.
The Registrar by his order dated 19.7.1955 allowed this application for withdrawal of case number73, which had been registered on the application moved by Pandit Kamta Prasad.
Pandit Kamta Prasad thereafter moved an application for companyrection of records and vide order dated 31.12.1956 the Registrar directed that Shri Madan Mohan Mandir be recorded as private trust of Pandit Kamta Prasad.
It appears that the Registrar held some inquiry in the application moved by Pandit Kamta Prasad.
had been allowed on 7.2.1955 and Maheshwari Panchayati Mandir had been registered as a public trust and Shri Madan Mohan Mandir and some other property including the shops in precincts thereof were shown to be the property of the aforesaid trust.
The learned Single Judge did number at all advert to the fact that against the judgment and decree dated 28.3.1985 of the First Additional District Judge, Hoshangabad, an appeal had been preferred in the High Court by Pandit Durga Prasad and the same had been dismissed on 26.11.1988.
The tenant then filed a writ petition under Articles 226 and 227 of the Constitution challenging the same order of the Appellate Court District Judge , which was allowed by the Division Bench of the High Court.
Nearly 20 years thereafter, the appellant Seth Chand Ratan moved an application before the Registrar under Section 22 read with Sections 14 and 26 of the Act for issuing appropriate directions for proper management of the trust property.
Seth Champalal Sheonarayanji Rathi was the father of the appellant Seth Chand Ratan.
Subsequently, Pandit Kamta Prasad moved an application on 20.1.1955 for withdrawal of the application moved by him earlier for registration of the Trust.
Seth Chand Ratan thereafter filed a letters patent appeal against the aforesaid decision of the learned Single Judge, but the same was dismissed by the impugned judgment and order dated 7.3.1995.
However, before the said order was passed, the application moved by Seth Champalal Sheonarayanji Rathi which had been registered as case number206.
When he came to know of the aforesaid order, he applied for companyrection of records which was allowed by the Registrar vide order dated 31.12.1956 and Shri Madan Mohan Mandir was recorded as a private trust of the family of Pandit Kamta Prasad.
The appeal was filed long after the expiry of period of limitation and accordingly an application under Section 5 of the Limitation Act for companydonation of delay was filed.
Pandit Kamta Prasad brother of Pandit Durga Prasad moved an application on 29.8.1953 under Section 4 of the M.P. Public Trusts Act, 1951 hereinafter referred to as the Act for registration of Shri Madan Mohan Temple Trust and the application was registered as Case No.73.
Thereafter, the tenant preferred a revision before the High Court which was dismissed by a learned Single Judge.
Pandit Durga Prasad then filed a writ petition under Articles 226 and 227 of the Constitution for quashing the order dated 13.12.1983 of the Registrar and the order dated 28.3.1985 passed by the First Additional District Judge, Hoshangabad in Misc.
It is numbereworthy that the writ petition has been decided on 2.9.1994 long time after the dismissal of the first appeal.
In this application it was alleged that a public trust was established by His Holiness Param Vaishnav Raghu Nath Ji Vyas and he himself along with his two brothers, namely, Pandit Durga Prasad and Pandit Narayan Prasad were the trustees thereof.
The writ petition filed by Pandit Durga Prasad was, however, allowed by a learned Single Judge by the judgment and order dated 2.9.1994 and the order dated 13.12.1983 of the Registrar and also the order dated 28.3.1985 passed by the First Additional District Judge, Hoshangabad were quashed.
JUDGMENT P. Mathur, J. This appeal by special leave has been preferred against the judgment and order dated 7.3.1995 of a Division Bench of High Court of Madhya Pradesh by which the letters patent appeal preferred by the appellant was dismissed and the judgment and order dated 2.9.1994 of the learned Single Judge by which the writ petition filed by Pandit Durga Prasad, the predecessor in interest of respondent number.1 a to e had been allowed was affirmed.
There is a temple known as Shri Madan Mohan Mandir in Jawahar Nagar, Harda in the District of Hoshangabad.
