VOOZH about

The Indian Express

⇱ ‘Management and ownership can’t be conflated’: Supreme Court ends 5-decade legal battle over Kota temple | Legal News - The Indian Express


Supreme Court news: The Supreme Court has ruled that the management or supervision of a temple cannot by itself establish ownership on temple property, setting aside the findings of the Rajasthan High Court and a Kota trial court in a dispute that has remained in litigation for nearly five decades.

A bench of Justices Vikram Nath and Sandeep Mehta was hearing a civil appeal filed by the legal heirs of Kishan Chand against a September 28, 2007, judgment of the Rajasthan High Court.

“The distinction between management of a religious institution and ownership of its properties is well recognised in law, and the two cannot be conflated,” the Supreme Court observed while allowing the appeal and dismissing the original suit.

According to the Supreme Court judgment delivered on April 9, 2026, the respondent-plaintiffs comprised a registered society and its members who claimed that the temple belonged to the Gurjar Goud Brahmin Rampura Society, Kota. The society asserted that it had long exercised administrative control over the temple and used to appoint caretakers or pujaris to manage religious affairs and temple properties.

The suit property included the temple, idols, ornaments, agricultural land and shops attached to the religious institution, the Supreme Court noted. The plaintiffs claimed that on October 28, 1926, one Gordhan Ji was appointed caretaker after Ganga Bishan Ji relinquished the position. Later, on June 24, 1951, Kishan Chand was appointed caretaker after Gordhan Ji cited old age and ill-health.

According to the society, Kishan Chand was only a custodian who received remuneration from income generated through temple shops and had no ownership rights over the property.

The dispute escalated in November 1976 when Kishan Chand allegedly began asserting ownership over the temple property. The society issued a legal notice and subsequently instituted a civil suit on October 3, 1977, seeking his removal and restoration of possession and control over the temple assets.

The Rajasthan High Court had upheld a 1988 trial court decree in favour of Gautam Gaur Hitkarak Sabha, Kota, which had sought removal of Kishan Chand as pujari and restoration of possession over the “Moorti Swarup Shri Govardhan Nath Ji” temple situated at Rampura Bazar in Kota.

After the trial, the additional district and sessions judge, Kota, decreed the suit on January 6, 1988, and directed Kishan Chand to hand over possession of the temple property to the plaintiffs.

The Rajasthan High Court later dismissed his first appeal in 2007 and upheld the decree with costs of Rs 2,000. Both courts relied heavily on documents suggesting that Kishan Chand and his predecessors had been appointed by the society as pujaris or managers and therefore did not possess independent ownership rights.

The lower courts also found that the defendant had failed to satisfactorily prove the alleged chain of adoption and hereditary succession.

Allowing the appeal, the Supreme Court set aside the Rajasthan High Court judgment dated September 28, 2007, and dismissed the original civil suit instituted by Gautam Gaur Hitkarak Sabha, Kota.

Holding that the plaintiffs had failed to produce any legally admissible evidence proving title, the court dismissed the suit filed by a Kota-based religious society seeking possession and control of an ancient temple and its properties.

Pending applications were also disposed of.