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1994 DIGILAW 225 (CAL)

BHAKTI BALLABH TIRTHA MAHARAJ v. BHAKTI HRIDAY MANGAL MAHARAJ

1994-07-27

BIJITENDRA MOHAN MITRA

body1994
B. M. MITRA, J. ( 1 ) THE present revisional application is directed against an order passed by the 6th Court of the Assistant District Judge at Alipore dated 7. 7. 94 in Misc. Appeal No. 6 of 1993, confirming the Order No. 19 dated 2. 1. 1993 passed by the 4th Munsif at Alipore in Title Suit No. 451 of 1991. ( 2 ) IN the course of hearing, Mr. Nirmalya Mohan Bhattacharyya, learned Advocate, appearing on behalf of the petitioner, has been permitted to correct the cause title of the revisional petition by way of abundant caution and necessary surplus age. ( 3 ) THE connected suit is for a declaration that the plaintiff is the owner of the amount mentioned in the three accounts delineated in the schedule attached to the plaint and also for an order of permanent injunction restraining the defendants from operating the said accounts. After filing of the suit, a petition for temporary injunction under Order 39 Rules 1 and 2of the Coda of Civil Procedure had been pressed for hearing in aid of the substantial relief of the plaint during the pendency of the suit. ( 4 ) THE defendant No. 1 happens to be the Account Holder of certain accounts in different Banks situate in the city of Calcutta the description of which has been dilated in the schedule of the plaint. The Court of appeal, while disposing of the appeal, proceeded on certain premises as admitted facts, namely, the defendant No. 1 is an ascetic member of the plaintiff Society and also he maintains three accounts in his personal name, presumably, for the purpose of defraying his expenses for foreign tour. The learned Judge of the appeal Court has further proceeded on the basis that an ascetic member is not debarred from maintaining any account in his personal name. Uptil now, as indicated above, there appears to be no dispute with regard to the said admitted position having its bearing on the scenario of controversy involved herein. ( 5 ) MR. Sakti Nath Mukherjee, learned Advocate for the petitioner, has started his submissions basing his claim that the defendant No. 1 is admittedly an ascetic member of the plaintiff Society and as such, as an offshoot here the entire controversy is required to be adjudicated upon with regard to the determination of prima facie case. ( 6 ) MR. Sakti Nath Mukherjee, learned Advocate for the petitioner, has started his submissions basing his claim that the defendant No. 1 is admittedly an ascetic member of the plaintiff Society and as such, as an offshoot here the entire controversy is required to be adjudicated upon with regard to the determination of prima facie case. ( 6 ) MR. Mukherjee has referred to a reported decision in the case of Krishna Singh v. Muthura Ahir reported in AIR 1980 SC 707 and be has drawn the attention of this Court to Paragraphs 31 to 33 of the said Judgment. In the said judgment, it has been observed that one who enters into a religious order severs his connection with the members of his natural family. Mr. Mukherjee with a view to highlight the said proposition has referred to from Hindu religious Law the concept of self-propitiation which may be the attempted translation of the well-known Hindu expression "atma-Sradha" or popularly known as "biraj-Hom. " The moment the said ceremony is held, an ascetic continues with the existence as a physical entity but the said ceremony symptomises of his deliverance from the moorings of his past personal association. Entrance to a religious order, in terms of the decision of the Apex Court, as referred to, is tantamount to civil death so as to cause a complete severance of his connection with his relations as well as with his property. According to Yajnavalka, special rule of succession is there in respect of the wealth or acquisition of an ascetic and the entire devolution of interest will take place firstly on the religious order and then on religious relations. In elaboration of his contention, Mr. Mukherjee has also referred to a Privy Council decision reported in Madras Law Journal Vol. 1 (1943) in the case of Raghbir Lala and Ors. v. Mr. Syed and Ors. at page 308 thereof. A person, associated with a monastic order and having the status of an ascetic, cannot dissociate himself unless he abandon the said monastic order or he becomes a heretic in the sense after severance from the monastic order. ( 7 ) ON scrutiny of the cases referred to, it appears to me that any property which may be self-acquired may partake of the character of self-acquisition if a person assumes a legal locus standi as an ascetic member of a recognised association. ( 7 ) ON scrutiny of the cases referred to, it appears to me that any property which may be self-acquired may partake of the character of self-acquisition if a person assumes a legal locus standi as an ascetic member of a recognised association. The religious order of the Math to which a person is affiliated to, he is supposed to disseminate the preachings of the said Institution so that the material can be emancipated from the ills of this earth. The Math or the religious order being established in a copus can only radiate the light in the form of dissemination of preachings so that the said Math can become a light-house lighting the way of the journey of man's emancipation in moving ocean of life. Accordingly, this case comes to the be and of 'special category' as to the determination of the rights and privileges of an ascetic member of a religious Society and whether any acquisition, standing in his personal name or ownership, can be viewed as something inextricably inseparable from the Institution and or the Math. The point in issue, as hightlighted over here, assumes pivotal importance for the purpose of disposal of the present revisional 'application with a view to dispose of the petition for injunction. The entire prima facie Case is founded on the locus standi of the defendant as an ascetic member and tentatively for the purpose of appreciation of prima facie case, his properties and/or assets, even if may be his personal, cannot be delinked from the Math and/or religious Institution. ( 8 ) IT is well-nigh impossible to be oblivious of the accepted Hindu concept that entrance to a religious order in the form of one's association as an ascetic member results in not only complete severance of his connection with his own natural relations as well as with his property. A saint is great because his personality is projected in a different compass where property, family and other appurtenant concomitant features do not form part of his existence in the world. The saint continues to live in this world not as a mundane being but as a spiritual messiah so that he may inculcate his propensity to emerge as prophet so that he can be worshipped and remembered when he troddles the corridors of history. The saint continues to live in this world not as a mundane being but as a spiritual messiah so that he may inculcate his propensity to emerge as prophet so that he can be worshipped and remembered when he troddles the corridors of history. Hindu religion is founded more on spiritual dimension as to be derived from Vedes and Upanishads and not from practice of religiosity. Even great commentators of Hinduism have drawn a distinction between the religion and religiosity. Accordingly, as an off-shoot flowing from the locus standi of the defendant as an ascetic member of Shri Chaitanya Gauriya Math, the entire controversy is required to be determined after framing of the issues to that effect which has a far-reaching effect. ( 9 ) MR. Ghosal appearing for the opposite parties, has submitted that his client does not intent to spend the money lying in his accounts for his own purpose but for the purpose for which the Institution stands. There has been some attempt to raise some controvery about the provisions being made to the defendant No. 1 for his upkeep. The requirement of an ascetic member is very limited part from his food and shelter, namely, (1) clothing, (2) books (3) personal things required for daily life which are absolutely essential. In absence of any material on record, the Court is not in a position to hold that the defendant No. 1 is deprived from having these things. It is expected that the plaintiff and its agents will do all the needful to assure proper upkeep of a person associated with the religious order and will not denigrade the religious Institution by neglecting him or by being motivated by propensity which are expected to be found in ordinary mundane persons but not with the persons who are engaged in spiritual pursuit. ( 10 ) THIS Court keeps it open for the defendant No. 1 to approach the trial Court in future, if there is any affectation of his personal needs and requirements at the behest of the plaintiff and at any time during the pendency of the suit. The defendant No. 1 can ask for necessary reliefs which are the reliefs ordinarily to be made available to an ascetic member of such a Math. ( 11 ) MR. The defendant No. 1 can ask for necessary reliefs which are the reliefs ordinarily to be made available to an ascetic member of such a Math. ( 11 ) MR. Ghosal used an affidavit and has taken some preliminary objections that in terms of the rules and the bye-laws guiding governance of the said Math, the authority of prosecution of litigation has been specifically conferred upon the Secretary and not to any other office-bearer. ( 12 ) IT is salient m refer to the Rules of the said Math and Rule 7 thereof confers power of supervision, management and administration of the said Math on the Founder-President. Management and administration are very important functions of an office-bearer which may have an all embracing dimension. It is also not out of context to refer to Rule 17 (i) of the said Rules, which by way of alternative also mentions that whatever functions the Secretary is required to perform in respect of his rendition of functions in Court matters, they will be deemed to be debts to the President Acharya. Accordingly the Rules are suggestive of delegation of functions to the Secretary which flows from the functions of the President Acharya. ( 13 ) ON behalf of the petitioner, in this Court, a reference was made about section 19 of the West Bengal Society Registration Act 1961 which provides that every Society may sue or may sued in the name of the President, Secretary or any office-bearers authorised by the Governing Body in this behalf. The plaintiff Institution is a Society registered under the West Bengal Society Registration Act and accordingly the said provisions apply. ( 14 ) IT has been further contended before this Court that Rules tend to indicate that those have been framed in conformity with the West Bengal Society Registration Act and there is vital and significant deletion of the expression "notwithstanding" to the parent Act. The court on its own tends to rely on a reported decision in the case of Khagendra Nath Sea v. University of Calcutta and Ors. The court on its own tends to rely on a reported decision in the case of Khagendra Nath Sea v. University of Calcutta and Ors. reported in AIR 1974 Cal 187 wherein it has been held by this Court that under section 9 of the aforesaid Act, every Society may sue and may be sued in the name or alternatively in the name of office bearers as indicated in section 9 of the Act and, therefore, any of such persons is competent to move to the Court. ( 15 ) IN view of the foregoing decisions, the technical objections sought to be raised are rejected. ( 16 ) AS it has already been pin-pointed that a pivotal controversy which assumes significance flows from the locus standi of the defendant No. 1 as an ascetic member of the said Math and, as such, the question of his authority either to use the money lying in different accounts for his own purpose or for the purpose of the parent Institution can only be determined by the Head of the Institution, namely President Acharya. These observations are made in the context of temporary injunction and they shall have no binding effect on determination of the issues to be tried in the suit. As the defendant is fairly old and elderly gentlemen and he is desirous of making foreign tour, therefore, he should have the facilities during the period of time when he is physically capable. In view of that, this Court directs the Trial Court to dispose of the suit as expeditiously as possible, preferably, within a period of six month's from date. ( 17 ) ACCORDINGLY, the impugned orders under challenge are hereby set aside and the revisional application is, thus, allowed. ( 18 ) THE defendants/respondents in the present revisional application are hereby restrained by an order of injunction from operating the Bank Accounts till disposal of the suit as delineated in the Schedule annexed in the plaint of the connected suit. ( 19 ) THERE shall, however, be no order as to costs. ( 18 ) THE defendants/respondents in the present revisional application are hereby restrained by an order of injunction from operating the Bank Accounts till disposal of the suit as delineated in the Schedule annexed in the plaint of the connected suit. ( 19 ) THERE shall, however, be no order as to costs. ( 20 ) THIS Court, however, feels and fervently believes that for the aid of sanctity of the Institution, all such differences between the inmates of religious Institution will be settled in a spirit of amity as otherwise the precepts will have no bearing on Society unless they are followed by example set by travellers in the spiritual domain. ( 21 ) LET a Xerox copy of this order be given to the learned Advocates for the parties on usual undertaking. Application allowed.