Karnataka Court May 1979 Judgments

Gurupadayya Charantayya Adavimath Etc. Vs. Chikkayya Etc.

Court: Karnataka

Reported in: AIR1979Kant202; ILR1979KAR1861; 1979(2)KarLJ53

Jagannatha Shetty, J.1. More than a century ago, a certain Madivalayya founded a Math, known as 'Adaviswamy Math' in Mareguddi village, Jamkhandi taluk. In 1890 Madivalayya died. His grand-son Parayya became the Mathadhikari. Upon the death of Parayya, one Rachayya became the Mathadhipati. After his death dispute arose as to the right and mode of succession to the Headship of the Math as between two claimants-Chikkayyaswamy and gurupadayya.2. On 30th May 1952, Chikkayyaswamy presented a petition u/s 18 of the Bombay Public Trusts Act 1950 (shortly called 'the Act') to register the Math as a public trust, and to register himself and Gurupadayya as co-trustees. On 22nd Dec. 1953, the Assistant Charity Commissioner accepted his case registered them as trustees. That order was made without any notice to Gurupadayya. In 1956, Gurupadayya claiming to be the sole trustee, questioned the legality of the said order in a revision petition before the Charity Commissioner u./s 70-A of the Act. On ...