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july 2005

Supreme Court of India · 2005-07-28

Vinayaka Dev Idagbunji & Ors vs Shivaram & Ors

Court
Supreme Court of India
Petitioner
Vinayaka Dev Idagbunji & Ors
Respondent
Shivaram & Ors
Author
Arun Kumar
Bench
B.P. Singh, Arun Kumar

Judgment text excerpt

The Supreme Court held that a suit to establish hereditary rights as archaks in a temple is a private right rather than a public right under Section 50 of the Bombay Public Trusts Act, 1950. The Court emphasized that the plaintiffs, claiming hereditary archakship, have the right to perform their duties and receive offerings, which are not part of the temple's income. The Court ruled that the trustees' attempt to terminate the plaintiffs' services was illegal and void, affirming the plaintiffs' rights to continue as archaks.

Vinayaka Dev Idagbunji & Ors vs Shivaram & Ors · Niyam