Saraswathi Ammal And Another vs Rajagopal Ammal on 20 October, 1953
The dominant object of
the dedication was thus the Akhara and the Asthan of God
Shiva and Mahavir, spoken of in the will of Rahas Kaur, was
only an adjunct to the Akhara. There is evidence, no doubt,
to show that pooja and Shringar of the two idols were
performed. But that apparently was because the idols once
installed could not be left unworshippe On these facts we
are inclined to take the view that the dominant object of
the dedication was the Akhara and the said idols and the
tasweer were installed only to attract persons of both the
communities to the Akhara and to provide for them the
facility for invoking the divine benediction before they
participated in wresting. As laid down in Saraswathi
Ammal's case(1), it is on this foot in that the validity or
otherwise of the trust has to be considered.
It must be made clear at very outset that although the will
of Rahas Kaur provided that persons who are to manage the
trust were to be in the first instance her son, Mangli
Prasad, and later
(1) [1954] S.C.R. 277.