'Stray Or Intermittent Acts Of Temple Management Will Not Make One A Shebait' : SC Rejects Nirmohi Akhara Claim In Ayodhya

The five judges bench of the Supreme Court in the Ayodhya land title dispute case on Saturday held that thedisputed land belongs to the Hindu deity Ram Lalla and that Nirmohi Akhara is not a shebait of the deity. A shebait/devotee is the one who serves and sustains the deity in the capacity of a manager. The property of the temple is regarded as vesting with the deity who cannot personally take actions required for the benefit and preservation of its property. Thus a shebait is entrusted with its management and is considered to be a human ministrant of the deity. In their suit, Nirmohi Akhara had claimed to be a shebait of the deity Ram Lalla. They submitted that they were, at all material times, in charge and managed the structure at the disputed site which according to them was a temple, until 29 December 1949, on which date an attachment order under Section 145 of CrPC, 1898 was passed by the District Magistrate, Faizabad. They argued that they were devotees of Lord Ram, exercising the rights of a shebait since time immemorial and thus sought the shebait rights over the temple, in the capacity of a manager of the deity's property. In order to determine whether Nirmohi Akhara had established its claim of being a shebait of Lord Ram in the disputed premises, the court assessed its status as a de jure shebait or a de facto shebait. It is pertinent to note that a shebait may be appointed by the founder of the endowment by way of an express deed of dedication conferring shebaiti rights. In its absence however, the law has ensured the protection of the properties of the idol by the recognition of a de facto shebait. "Where a person is in complete and continuous management of the deity's affairs coupled with long, exclusive and uninterrupted possession of the appurtenant property, such a person may be recognised as a shebait despite the absence of a legal title to the rights of a shebait," the court said. Since Nirmohi Akhara did not have an express deed of dedication conferring shebaiti rights on it, the court said, "…there is a positive burden on it to demonstrate that it was in fact a shebait of the idols. For this reason, the Nirmohi Akhara must establish, on the basis of oral and documentary evidence, that they have exercised all the rights required to be recognised as de facto shebaits." However, Akhara failed to establish that it had been exercising the rights of a shebait since time immemorial. The bench was of the opinion that the oral evidence submitted by Akhara did not establish a cogent account of the activities undertaken by it at the disputed site. It was held that witnesses who supported Akhara's claims as a shebait contradicted their own statements and admitted to not having read their own affidavits. The witnesses had merely signed the relevant documents without even understanding the testimony contained therein. The court said that the oral testimony relied on by Nirmohi Akhara, at best, established that they were present in and around the disputed site and such stray acts could not constitute sufficient evidence to establish continuous, exclusive and uninterrupted exercise by Nirmohi Akhara of the rights and duties of a de facto shebait. Even the documentary evidence produced by them did not show that they were managing the property in question. In Sankarnarayanan Iyer v. Sri Poovananathaswami Temple, AIR 1949 Mad 721, Justice Viswanatha Sastr of the Madras High Court had stated as under, "A fugitive or isolated act of a person with regard to the property of a religious endowment would not make him a de facto trustee. One swallow does not make a summer. There must be a continuous course of conduct, the length of the same depending on the facts and circumstances of the case." In this light the Supreme Court said, "A claim of rights as a de facto shebait must be substantiated with proof that person is in exclusive possession of the trust property and exercises complete control over the right of management of the properties without any let or hindrance from any quarters whatsoever. For all practical purposes, this person is recognised as the person in charge of the trust properties. Though it cannot and has not been denied in the present proceedings that Nirmohi Akhara existed at the disputed site, the claim of Nirmohi Akhara, taken at the highest is that of an intermittent exercise of certain management rights. Their rights were peripheral, usually involving the assistance of pilgrims, and were constantly contested. As held above, a stray or intermittent exercise of management rights does not confer upon a claimant the position in law of a de facto shebait. It cannot be said that the acts of Nirmohi Akhara satisfy the legal standard of management and charge that is exclusive, uninterrupted and continuous over a sufficient period of time. Despite their undisputed presence at the disputed...

'Stray Or Intermittent Acts Of Temple Management Will Not Make One A Shebait' : SC Rejects Nirmohi Akhara Claim In Ayodhya

Akshita Saxena

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'Stray Or Intermittent Acts Of Temple Management Will Not Make One A Shebait' : SC Rejects Nirmohi Akhara Claim In Ayodhya

Akshita Saxena

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