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.