Hindu Law — Religious Endowment — Temple Property — Ownership — Status of Pujari — Held, the presiding deity of the temple is the sole owner of the land attached to the temple — A Pujari is merely a manager or servant appointed to perform religious rites and maintain the deity’s properties — Pujari cannot claim Bhumiswami (proprietary) rights over temple land by virtue of historical grants or long possession.

advocatemmmohan

(A) M.P. Land Revenue Code, 1959 — Secs. 57, 108, 114 & 158 — Hindu Law — Religious Endowment — Temple Property — Ownership — Status of Pujari — Held, the presiding deity of the temple is the sole owner of the land attached to the temple — A Pujari is merely a manager or servant appointed to perform religious rites and maintain the deity’s properties — Pujari cannot claim Bhumiswami (proprietary) rights over temple land by virtue of historical grants or long possession.

(Para 7, 8, 9, 15, 17)

(B) M.P. Land Revenue Code, 1959 — Secs. 108 & 114 — Revenue Records — Entries in Khasra — Protection of Temple Property — Deletion of Pujari's name — Executive circulars issued by the State directing the deletion of Pujari's name from the owner/occupier column and insertion of the Collector's name as Manager — Validity of — Held, executive instructions issued to prevent the unauthorized sale, mortgage, or alienation of temple lands by Pujaris are valid and in the interest of the deity — Shifting the Pujari’s name to Column No. 12 (Remarks column) does not affect their right to cultivate the land for the temple's upkeep so long as they perform duties properly.

(Para 4, 15, 16, 17)

(C) Hindu Law — Religious Endowment — Alienation of Property — Right of Pujari — Precedents — Held, a Pujari has no right to alienate, sell, lease, or mortgage temple property — The whole purpose of a land grant to a temple is for its upkeep and daily rituals — Claiming proprietary rights over the deity's property amounts to mismanagement, making the priest unfit to continue in possession or service.

(Para 8, 9, 15)