High Court highlights breach of trust by State authorities in the temple land sale transaction, orders expedited civil court trial for the pending title dispute.
In a significant ruling, the Allahabad High Court has addressed a contentious issue surrounding the sale of temple land by directing the State authorities to deposit the unpaid balance of the sale consideration along with interest. The case, involving the sale of a portion of the Shri Thakur Ram Janki Sugrivji Virajman Mandir land, highlights serious allegations of breach of trust and red-tapism by the State authorities.
The dispute arose when the State authorities, having executed a sale deed for a portion of the temple land located at the historic Sugriv Kila near the Ram Janm Bhoomi Temple in Ayodhya, failed to fulfill their commitment to pay the full sale consideration. The petitioner, represented by Sarvarahkar Swami Vishvesh Prapannacharya, contended that the State had lured them into the transaction under the guise of public development. Despite the execution of a sale deed on December 22, 2023, the promised payment was not completed, leading the temple authorities to seek judicial intervention.
The court, comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary, observed that the State's conduct was neither fair nor reasonable. The authorities took possession of the temple land immediately after the sale deed execution but defaulted on the payment of the balance amount, which was agreed to be paid within 15 days. The court noted the State's contradictory stance of claiming the land as 'Nazul' (government land) while retaining possession and acknowledged the need for the civil court to adjudicate the title dispute.
In its order, the High Court emphasized that the non-payment of the entire sale consideration does not invalidate the sale deed under Section 54 of the Transfer of Property Act, 1882. However, it entitles the seller to recover the outstanding amount. The court directed the State to deposit the balance sale consideration, with an interest of 8% per annum, in a fixed deposit with the jurisdictional civil court. This deposit is to be made within four weeks, and the civil court will determine the further disposition of the funds.
The High Court also directed an expedited trial of the pending civil suit to resolve the title dispute, urging the parties and the court to conclude the proceedings within a year. The court refrained from making any determinations on the title issue, leaving it to the jurisdiction of the civil court to adjudicate based on the evidence presented.
This judgment underscores the judiciary's role in addressing government accountability and ensuring that the principles of fair dealing are upheld in property transactions, particularly those involving religious and public interest properties.
Bottom Line :
Sale deed dispute involving temple land - Allegations of red-tapism, breach of trust, and non-payment of sale consideration by State authorities. Sale deed executed with partial payment does not invalidate it under law but entitles the seller to recover the remaining consideration.
Statutory provision(s):
Transfer of Property Act, 1882, Section 54
