Radhakanta Deb & Anr vs Commissioner Of Hindu Religious ... on 13 February, 1981
7. On the question of law, the judgments which have been cited by the Counsel for the appellants insofar as Radhakanta Deb's case is concerned, Sri Jayaprakash, has not placed any material before me or pointed out from the record that the members of the public cannot claim a right to worship at the temple and the fact that the managers of the temple have been appointed from time to time, is not denied. There is no document produced by the appellants to demonstrate that the temple belongs to the appellants or their ancestors exclusively. There is also no evidence to show that the appellants or their ancestors did not make any stipulation on the offerings or contributions made by the members of public in the light of which, the appellants would not be in a position to demonstrate that applying the tests laid down by the Supreme Court in this judgment, the temple should be held to be a private temple.