The Supreme Court rejected a special leave petition from a priest’s legal heir contesting eviction orders concerning part of Mumbai’s Babulnath Temple. The Court upheld the eviction decree favoring the Babulnath Temple Trust, granting a four-year period for the occupant to vacate due to his age and religious commitments. The petitioner, Jagannath Giri, representing the original defendant, had occupied the temple premises since 1968.
The premises, initially leased in 1927 to Baba Ramgiri Maharaj, were later used by Brahmanandji Maharaj, maintaining continuous possession tied to the religious lineage. After Brahmanandji Maharaj’s passing, Jagannath Giri continued as his legal representative in possession. The Babulnath Temple Trust sought eviction and possession recovery through legal proceedings, leading to a decree in 1996 directing the defendant to surrender the premises.
Despite subsequent appeals, including a High Court writ petition dismissal in 2025, the Supreme Court declined to interfere with the lower courts’ decisions. While dismissing the plea, the Court acknowledged the occupant’s long possession but emphasized the temple’s right to reclaim the property. The Court granted a compassionate four-year period for the petitioner to vacate, considering his age and religious lifestyle.
During this time, the petitioner is allowed peaceful possession but must not impede the temple’s development. The temple authorities are instructed to maintain the status quo, ensuring no third party disturbs the petitioner until the four-year period ends.
