The property is also alternatively referred to as Ramji Mandir.
Thereupon a reference was made under Section 72 of the Act and the Assistant Judge, Baroda set aside the finding and held that the Math is the private property of the appellant.
In front of the Samadhi he also built a Mandir with the idols of Ram, Laxman and Janki installed on a Sinhasan.
One Haribhat Maharaj is the propositus of the appellant, and his brothers.
When the Bombay Public Trusts Act, 1950 hereinafter referred to as the Act was enacted the appellant Filed an application under Section 18, though the Math was a private institution, by way of abundant caution, to secure a declaration in that behalf in order to avoid any companyplications at a later period.
On the death of Haribhat Maharaj, his descendents built a Samadhi for him also adjoin the Mandir.
The finding was companyfirmed by the Charity Commissioner in the appeal preferred to him.
As the Charity Commissioner has held that both the items form part and parcel of the Math and companystitute a single unit we will refer to both the items under the companymon name of Laxman Maharaj Math.
Haribhat Maharaj founder of the Math Ramakrishna Purshottam Bhanu Maharaj Hari Bhanu Maharaj Sitaram Bhanu Shriram Appellant Maharaj Bhanu Power of Attorney Maharaj Agent 1 In the year 1835 A.D. S.Y. 1891 Haribhat Maharaj built a Samadhi for his maternal uncle Laxman Maharaj, who was a brahmchari and an ascetic.
As per the genealogy table furnished by the appellant, he and his brothers are the descendents of Haribhat Maharaj in the fifth generation.
the main property known as Laxman Maharaj Math and its adjunct known as Nagarkhana on the other side of the road.
Though numbermember of the public appeared at the inquiry to claim that the Math is a public trust, the Assistant Charity Commissioner rendered a finding that the Math is a public trust within the meaning of the Act.
It companysists of two items viz.
Natarajan, J. This appeal by certificate is directed against a judgment of the High Court of Gujarat reversing the judgment of the Assistant Judge, Baroda and restoring the finding of the Charity Commissioner that a property known as Laxman Maharaj Math is a public trust and number the private property of the appellant herein.
Thenceforth the property came to be known as Laxman Maharaj Math.
