HIS HOLINESS SRI VISHWOTHAMA THIRTHA SWAMIAR OF SODE MUTT v. THE STATE OF MYSORE
Citation: [1962] SUPP. 2 S.C.R. 189; 1961 INSC 350
Court: Supreme Court of India
Bench: BHUVNESHWAR PRASAD SINHA , P.B. GAJENDRAGADKAR, RAGHUBAR DAYAL
Judgment date:
Case summary
1961 INSC 350. Supreme Court of India judgment dated 1961-12-18. HIS HOLINESS SRI VISHWOTHAMA THIRTHA SWAMIAR OF SODE MUTT v. THE STATE OF MYSORE. Read the...
Judgment text
2 S. C. R. SUPREME COURT REPORTS HIS HOLINESS SRI VISHWOTHAMA THIRTHA SWAMIAR OF SODE MUTT THE STATE OF MYSORE 189 (B. P. 8rNHA, C. J. , P. B. GAJENDRAGADKAR and RAGHUBAR DAYAL, JJ. ) Temple-Large number of pilgrims visi'. ting and worship- ing-If private or puhlic-Madras Temple Entry Authorisatio11 AC! , 19'7( Mad. V. of 1947), s. 2( 1). The shrine in suit which was originally founded by Shri Madhavacharya, a Hindu saint was managed for a long time in rotation by the heads of eight Mutts which were also founded by the said saint for ei~ht of his disciples. Large number of pilgrims from all over the country visited this shrine without any restraint, took part in the worship there, made offerings to the deity and received the prasad. The institu- tion was managed with the monetary aid received from the State and contributions raised by the said heads of the ei_ght Mutts from devotees resident in different parts of the country.
The question arising for decision was whether the shrine in question was a ''temple" within the meaning of s. 2(1) of the Madras Temple Entry Authorization Act, 1947. Held, that in the absence of good evidence that a temple was a private one, the mere fact that it was visited by a large number of persons among the Hindu Public without any res .. traint for a number of years, was ~ood evidence or the fact that the temple had been dedicated to the Hindu Public and was for its benefit. Vibhudapriya v. Lakshmindra, (1927) L. R. 54 I. A. 228, referred to. BahuBhaqwan Din v. Gir Har Saroop, (1939) L. R. 67 I. A. I, :ind Sri Venkataramana lJemrau v. State of Mysore, [1958] S. C. R. 895, followed. In the instant case the finding that the Hindu Public had a right to worship in the temple was sufficient to make the institution a "temp1e'' within the definition of that term in the Act. even if the temple be appurtenant to a Mutt. CrvIL APPELLATE JURISDICTION : Civil Appeal No. 84 of 1959.
A'Jlpeal from the judgment and decree dated August 17, 1954, of the Madras High Court in A. S. No. 304 of 1951. 1961 December 18. 11111 H;, Jl livered by RAGHUBAR DAYAL, J. -The only question for determination in this appeal on a. certificate granted hy thr Madras Hiph Court is whether what has been described in the plaint 1\8 Shri Krishna Mutt in Shivalli Village, in South Kanara District, is a temple as defined in s. 2( I) of thA Madras Temple Ent. ry Authorization Act, 11147 (Madras Act V of I 947), hereinafter called the Act. Sub-section (l) of a. 2 of the Act reads : " 'temple' mrans a pla. oe, by whatever name known, which is dedicated to, or for the benPfit of, or used a. s of right b}, the Hindu community or any section thereof, as a place of public religious wor1thip, anj includes subsidiary shrini>s and mantapams attached to Puch place ;" TbP Government of Madras, in exercise of of thP powers conferred on them under s. 6 of the A mp le.
The plaintiffs, who represent the heads of six of the eight mutts established at Udipi b:v Shri Madvacharya, instituted the suit for declaration that the Shri Krishna Mutt (not one of the eight mutts) was not such a temple and for the setting a~id" of the order of the Government of Madr1ts. The hi>ads of the other two mutts were impleaded as defendants Nos. 2 and 3. The Ftat3 of Madras is defondant No. I. Thi• State of )fadras alone> contested the 3uit and stated that the Shri Krishna Mutt was a temple as defined in the Act. The Trial Court and the High Court held in favour of the defendant's • I I • '· 2 S,C. R. SUPREME COURT REPORTS 191 contention with the result. that the plaintiff's suit stood dismissed. The plaintiffa have therefore come up m appeal. The case of the plaintiffa-appellants as dis- closed in the plaint may first be stated.
The great Saint and Savant Shri Madvacharya established the Mutt at Udipi in South Kanara District, for the propagation of the Dwaita system of thought. He himself resided there. He initiated eight disciiples and thus originated the 'Astha Mutts' (eight mutts) of Udipi. These disciples had to reside in the mutts and engage themselves in the study and propagation of learning. The way in which the ima. ge of Shri Krishna was installed in the Mutt is described thus : "That the 'Shri Madva Vijaya', the life historv of the great teacher has it, that the Shri Krishna's image was acquired from a heap of Gopi ChaJ? dan from Dwarka brought by the sailors of a native craft whirh got stra. nded near Malpe where the teacher used to go every morning for his ablutions and tapas. Tradition has it that thr image is the same that had been worshipped bv Rukmini at Dwaraka in pre-historic days. The image was consecrated and installed by the great teacher in his mutt at Udipi and he began to worship it.
This according to history and tradition is the origin of what came to be called popularly the Shri Krishna Mutt at Udipi. " Shri Madvacharya, who installed the consecrated idol. in a shrine of his Mutt, worshipped it during his life-time and ordained that the worship be con. tinned by one or other of his eight disciples. In order to regularise the worship of Shri Krishna and to give equal opportunities to the eight discipfes it was arranged that the worship be conducted by each. . of the disciples by rotation (pariyayam). Worship has continued according to this system for the several His Holiness Sri Vi1hwothama Thirth'J Swomiar o-jVSode Mutt v. Thi State of ! lysor1 Raghubar Da_yal J. lHJ His Holi111s1 Sri YUAloo-• T•ar• . S&OOtkv of Sod. Mull .. Tiu S14i. •J MJmt R nded for 2 S. C. R.
SUPREME COURT REPORTS 195 the benefit of the public and that public re- sort to it for religious worship and that though the image of Sri Krishna was installed by Madhwacharya in his own residence or lodging subsequent course of conduct during the centuries have made this abode of Sri Krishna a public temple. " He also stated, at another place in his judgment, "As I have stated already, originally th~re wes a mutt and subs. ,quent to the installa- tion of the image of Lord Krishna there by Sri i\fadhwacharya it has grown up by cen- turies of public worship into a public insti- tution. '' Ramaswami J .. has expressed himself differently on the question that Sri Madhvacharya had a mutt and installed the deity in it.
He states, when considering the statement in Chapter 9 of the Madhwa Vijaya to the effect that Sri Madvacha- rya sportively brought the image to the Mutt, "The Math referred to in the 42nd stanza must obviously mean the Kshetra of Anantheswara which is referred to as Roopya in Sampradaya Paddhati of Hrishikesha Thir- tha. The reason is, as well pointed out by the learned Subordinate Judge, that as Achyuta Preksha had taken his ahode in that Kshetra and was engaged in teaching to his disciples therein, this Kshetra mnst have been referred to as the Math as by that time it is nowhere established that Madhwa- charya had established a Math of his own and the teaching should have all been done in the temple of Anantheswara itself. Therefore, the Math referred to must be the temple nf Anantheswara. This receives cor- roboration in two ways.
In the end of Madhwa Vijayam, it is stated that while ex- pounding Aittariyopanishat to his l:iishyas in JY~I His Holiness Sri Vishwothama '(hirlha Sw1miar of Sode llfutt v. The S !. lte o. f J. 1. _vsore Ragh. ubar 1Jt1yal J. 1#1 His Holiltus 8,i Visi\wo#Aame I Air14a Sw-. iar o/S .. M•tt •• 7711 sw. •I Ill fsort a. ,,,,,_ Dq•I J. 196 SUPREME COURT REPORTS [1962] SUPP. the temple of' Anantheswara, the Aoharya. is stated to · ha. ve disappeared from mundane existance. In fact even today the seat which is said to have been uaed by Sri MBdh- wa. charya. is shown to the pilgrims. Seoondly, that tho Anantheswara. temple was the seat of teaching by MadhwaobaTya receives corrobo- ration e. nd therefore separate Krishna Math could not have existed is eeen from tht1 impor- tance attaching to Anantheewara even today. Anantheswara is considered to be the holder of' the Mull right and Sri Krishna is treated as his tenant.
" Learned counsel for the appellants submitte(I that the reference to the institution as a temple by the authoritativi, authors and in judicial pro· nouncements was really in a general senoe, the institution being a temple in the usual eence of the terms as it is a shrine in which the idol of Sri Krishna is ill8talled and is worshipped. His con- tention is that it is not a temple a. s defined in the Act, as the Hindus in general, or any section of the Hindus, had no right to worship there and that the fact that a number of pilgrims ordinarily visit the temple for worship is not inconsistent with the temple being a private one and not dedicated to the Hindus in general or a section of them. He pointed out tliat Ramaswami J. , wa. s wrong in stating: " ......... P. W.
l, the Matadbipathi of the Bhandrikere Mutt, had to admit in orOll8-exa- mination the public participation as of right in the worship of the temple without the permission of the Paryaya Swami, thereby giving the go-by to the plaint allegations to make out that this is a private cha pie. " This is correct, but doea not materially affect the decision a. s suoh a conclusion from the 11tatement could be arrived at. 28. C. R. SUPREME COUR'I REPORTS 197 We aeree with the view of the learned Judges of the High Court t,hat the shrine in suit is a tem- pi! ' as defined in s. t ( 1) of the Act. The evidence on record is fully consistent with the findings of the Courts below that this templo is a place dedicated to the Hindu public and is used by them as a place of public religious worship. It is not disputed that a large number of pilgrims from all over the country visit this place, take part in the worship there, make offerings to the deity and receive the prasad.
The insti- tution also receives monetary aid from the State. In Vibhudapriya v. Lakshminilra ( 1 ) is quoted at page 232, an extract from the South Kanara Manual published under the authority of Govern- ment. The extract reads : "The tem pie of Krishna, at U di pi, is said to have been founded by Madhavacharya him- self who set up in it the image of Krishna originally made by Arjuna and miraculously obtained from a vessel wrecked on the coast of Tuluva ......... Besides the temple at Udipi he ea ta blished eight 'Mathas' or sacred houses, each presided over by a Sanyasi or Swami.
These exist to this day and each Swami in turn presides over the temple of Krishna for a period of two years and spends the interven- ing fourteen years touring throughout Kanan~ and the adjacent parts of Mysore levying con- tributions from the faithful for the expenses of his next two years of office, which are very heavy as he has to defray not only the expenses of the public worship and of the temple and Matha establishments, but must aJsg feed every Brahman who comes to the place. " It is clear from this extract that the various Swamis tour about the country realising contribu- tions from the devotees for the expenses which (I) (1927) L. R, 54 I. A, 228. 1961 H •s Holiness Sri Vis,'1wothama Thirtha Swamiar oj Sode Muu v. The State of Mysore Ra,rhubar Dayol J. IPOI Bir Holin1u Sri ViMu. <>1/Jomo TIWIM SwomUu of Sod1 MuJI v. n, SIAll ,, MJs«• R. ,W.. D. ,. i J, 198 SUPREME COURT REPORTS (1962] SUPP.
each of them hfls to incur during the period of his pariyayam, that the expenses which he has to incur during the period are heavy. The expenses are met out of the income during the two years of his pariyayam from the State aid and the offerings of pilgrims and income of his own mutt. The fact of raising contributions from the devotees resi- dent in different parts of the country is clear proof of the fact that such devotees have a right to visit the temple and to worship there. If they have no such right, it is improbable that they would be visited -by t. he Swamis for contributions. The fact that no instance of any pilgrim being refUBed penniBSion to worship during the course of the oenturies sinOA the installation of the deity goes a long way in establishing and supporting the find- ing of the Court below that the inetitution has been held out as one for the benefit of the Hindus and that the Hindus in general have gone to it for wor- !!
hip in exercise of their right of worship and not on account of the permission,. &xpr01111 or impliecl, of the Pariyayam Swami. It is true that the fact that a ::iumber of pil- grims visit the temple for wol'llhip regularly need not, in all cases, lead to the conclusion that the temple is a public one; but such a conclulion will not be arrived a. t only when there is good evidenoe about the temple bei~ a private one. This is really what was held in Babu Bhagwan Din v. Oir Har Saroop ( 1 ) to which reference has been made by the learned oouneel. The Privy Council, in that case, after coming to the conclusion that the genera. I effect of the evidence was that the family had treat- ed the temple as family property, dividing the various forms of profit, whether offerings or rent. , cloeing it so as to exclude the public from worship when marriage or other oeremonies required the attendanoe of the members of the family at it. (I) (1939) L. R. 671. A. 1. 2S. C. R.
SUPREME COURT REPORTS 199 original home and erecting saraadhs to the honour of its, dead, said at page 9: "In these circumstances, it is not enou~h in their Lordships' opinion, to deprive the family of their priv:;tte property to show that Hindus willing to. worship have never been turned away, or even that the deity has ac- quired considerable popularity among Hindus of thP locality or among persons resorting to the annual mela. Worshippers are naturally welcome at a temple because of the offerings they bring and the repute they give to the idol; they do not have to be turned away on pain of forfeiture of the templn property as having become property belonging to a public trust.
Facts and circumstances, in order to be accepted as sufficient proof of dedication of a temple as a public temple, must be con- sidered in their historical setting in such a case as the present; and dedication to the public is not to be readily inferred when it is known that the temple property was acquired by grant to an individual or family. " It follows, therefore, that in the absence of goon evidence that a temple is a private one, the mere fact that it is visited by a large number of persons among the Hindu public without any res- train for a number of years, will be good evidence of the fact that the temple had baen dedicated to the Hindu public and was for its benefit. Reference may usefully be made to the case reported as Sri Venlcataramana Devaru . -. The State of }lfysore. (') In this case, a temple was founded for the benefit of Gowda Saraswath Brah- mins, who managed it throughout. They were the followers of the Kashi Mutt.
The head of that Mutt performed various religious ceremonie8 in the temple. It was alleged that persons who were not (I) [1958] S. C. R. 895. 1961 His Holiness STi Vishwothama Tldrtha Swamiar of Sode Mutt v. ·1 he Stale of 111;sort Baghuhar Dayal J. lHJ His llolin1;s S1i VisA:. volhan"t Tlarth4 Sw. llfli~r of Sode Mutt v. TN St. ii of MJsor1 &,iluh•," Da:μI J. 200 SUPREME COURT REPORTS [1962J SUPP. Gowda Saraswath Brnhmins could not Pnter wit. h· out the permi8sion of the trustees. However, there was no instance in which such permiasion was refused. There was evidence that all communities had beon freely admitted into the temple. It was contended that the free admission of all communi- ties and there being no instance of any refusal of permission, led to the conclusion that the Hindu public generally had a right to worship in the tem- ple. In considering this contention, it was said at page 907: "The law on the subject is well settled. When thlll"e is a.
question as to the nature and extent of a dfldication of a temple, that has to be determined on the terms of the deed of endowment if that is available, and where it is not, on other materials legally admisaibl Act V of 194 7), even if the temple be appurtenant to a Mutt. The Board's order, therefore, cannot ~ffect the consideration of the question of tho institution being a. temple within tho meaning of the definition in the Act. We are therefore of opinion that the Courts below have come to tho correct conclusion that the institution in suit is a temple within the meaning of tho word "temple" in the Act and that the appeal should fail. We accordingly dismias the appeal with costs. . d ppeal diamisaed.
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