A bench of Justices Sanjay Karol and N Kotiswar Singh dismissed the appeal filed by Jagannath Giri, who challenged the High Court’s order dated November 6 last year directing his eviction
The court noted that it is unusual to grant such a long period for vacating premises. Representational Pic/File
The Supreme Court has ordered a 75-year-old monk to vacate a portion of the historic Babulnath Temple in Mumbai within four years, while upholding an earlier eviction order passed by the Bombay High Court, reported the PTI.
The court noted that it is unusual to grant such a long period for vacating premises. However, it said the monk’s advanced age and his religious way of life weighed in its decision.
The case concerns a small space on the landing of the main staircase leading to the centuries-old temple located in the Gamdevi area of Mumbai.
A bench of Justices Sanjay Karol and N Kotiswar Singh dismissed the appeal filed by Jagannath Giri, who challenged the High Court’s order dated November 6 last year directing his eviction, according to the PTI.
The bench observed that there was no reason to interfere with the concurrent findings of the Small Causes Court, its appellate bench, and the High Court, which had exercised its powers under Article 227 of the Constitution.
Despite dismissing the appeal, the top court granted Giri four years to hand over vacant possession of the premises to the temple trust.
The judges said the extended period was allowed to enable him to arrange alternative accommodation, considering he is in the later stage of his life and has renounced worldly affairs, as per the PTI.
The court also directed that while he remains on the premises, he must live peacefully and not obstruct any development work related to the temple.
At the same time, it instructed the temple authorities not to allow any third party to occupy the space and not to disturb the monk during the four-year period.
Long-running legal battle
According to the court order, the premises were originally let out in 1927 to Baba Ramgiri Maharaj. After his death, his disciple Baba Brahmanandji Maharaj took over possession as a tenant, the news agency reported.
Following his demise, Jagannath Giri was brought on record as his legal representative and continued to occupy the disputed portion. The occupation has reportedly continued since around 1968, with rent being paid, reported the PTI.
The temple trustees filed a suit before the Small Causes Court in Mumbai seeking eviction. On October 18, 1996, the court ruled in favour of the temple trust and directed the tenant to hand over possession.
An appeal filed in 2001 was dismissed by the appellate bench. The matter was later taken to the Bombay High Court, which refused to interfere, stating that its supervisory jurisdiction is limited and does not permit re-examination of evidence.
With the Supreme Court now dismissing the appeal, the eviction order stands, subject to the four-year relief granted to the monk.
(with PTI inputs)
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