Private temple does not become a public one because it is open to public on certain festivals: Delhi High Court

The Delhi High Court has held that a private temple may be open to the public on certain festivals but that would not convert it into a public temple and a worshipper is not empowered to maintain a suit for titular rights over it [Rajesh Giri v Subhash Mittal and Ors]..Justice C Hari Shankar said that the issue of whether the temple is private or open to public can only be decided in trial..The Court’s observation came as it dismissed a plea by one Rajesh Giri seeking restoration of the idol of Radha Krishna Ji Maharaj and to re-convert a property in Delhi's Chandni Chowk area into a temple..Giri claimed to be a worshipper and moved the Court challenging an order passed by the lower court in his suit dismissing the application for a decree of admission.The dispute dated back to the year 1916 when one Nikko Bibi bequeathed the property to two trustees, namely, Shambhu Nath and Shankar Nath.Shambhu Nath, on the basis of the said bequest, mortgaged the suit property to one Anaro Devi on July 28, 1954 and June 1 1955. The said mortgages were challenged by the other trustee Shankar Nath, by way of a civil suit, seeking a declaration that the mortgage of the property was bad as it was barred by the another will dated November 19, 1930 through which Nikko Bibi bequeathed the property ‘in the name of God’..As the litigation travelled to High Court, a judgement of November 1972 upheld the 1930 will and said that though the trustees were entitled to reside in the suit property, they were prohibited from alienating it..Giri’s suit alleged that the two respondents in the case had, in collusion with each other, executed a relinquishment deed on the basis of which a sale deed was prepared and the suit property was transferred to two other people who converted it into a commercial complex.It was argued that an application by one of the respondents in the case had stated before the trial court that on certain festive occasions, the temple was open to the public. .The suit added that the private temple was open for the general public on the festival of Lord Krishna and Goddess Radha and the priest was also instructed not to stop any one from offering prayers on any day..Justice Hari Shankar, however, held that the reading of the statement does not disclose any admission that the temple was a public temple.“Mr. Kunal Kumar, learned Counsel for Respondent 4 submits, correctly, that a private temple may also be open to the public on certain festive occasions. That would not convert the temple into a public temple so as to empower a worshipper of a temple to maintain a suit with respect to titular rights in respect of the temple,” the Court said..Justice Hari Shankar also agreed with the findings of the additional district judge that the issue of locus standi of the petitioner was in dispute..Advocate Abhishek Kumar appeared for Rajesh Giri.Advocate Kunal Kumar appeared for one of the respondents. .[Read Order]