Institute of Legal and Management Studies

Deciding a 24-year-old property dispute between the International Society for Krishna Consciousness Mumbai and International Society for Krishna Consciousness Bangalore, the Supreme Court on Friday (May 16) held that the ISKCON temple in Bengaluru belongs to ISKCON Society Bangalore registered under the Karnataka Societies Act.

A bench of Justice Abhay Oka and Justice Augustine George Masih set aside the judgement of the Karnataka High Court which held that the property belongs to ISKCON Society, Mumbai. The trial court's decree was restored.

The ISKCON society based in Bangalore was registered in July 1978 under the Karnataka Societies Registration Act. It claimed to have acquired approximately six acres of land from the Bangalore Development Authority at Hare Krishna Hills on 3 August 1988 and constructed a temple and cultural complex on it using funds collected from devotees.

International Society for Krishna Consciousness (ISKCON) Mumbai was registered under the Societies Registration Act, 1860, and the Bombay Public Trust Act, 1950. It was founded in 1966 by Srila Prabhupada and has its registered office at Hare Krishna Land, Juhu, Mumbai.

In May 2011, the Karnataka High Court allowed an appeal filed by the ISKCON, Mumbai, challenging a decree of the trial court granted in favour of ISKCON, Bangalore on April 17, 2009.

The trial court had declared that the Bangalore-registered society was the absolute owner and of the temple property at Hare Krishna Hills, Rajajinagar, Bangalore and restrained ISKCON Mumbai from interfering in its affairs. The court had also rejected the counterclaim of ISKCON Mumbai and its associated office-bearers seeking a permanent injunction against the Bangalore society.

In the suit filed in 2001, ISKCON Bangalore sought a declaration that it was the absolute owner and possessor of the Hare Krishna Hills property, a declaration that ISKCON Mumbai had no authority to remove its office-bearers, a declaration that ISKCON Mumbai had no control over its properties or administration, and a permanent injunction restraining ISKCON Mumbai and its associated individuals from interfering with its affairs.

ISKCON Mumbai claimed that the Bangalore centre had never functioned as an independent legal entity and had always operated as a branch under ISKCON Mumbai. It contended that all properties acquired by or in the name of ISKCON Bangalore actually vested in ISKCON Mumbai.

The trial court accepted the case of the Bangalore society and decreed in its favour. Aggrieved by this, ISKCON Mumbai and some of its associated office-bearers filed a first appeal before the High Court.

On 23 May 2011, the High Court allowed the appeal filed by ISKCON Mumbai. It set aside the trial court's decree and held that the Bangalore society was a branch of the Mumbai society.

The High Court concluded that the title and possession of the Hare Krishna Hills temple complex vested with ISKCON Mumbai. It dismissed the suit filed by the Bangalore-registered society and decreed ISKCON Mumbai's counterclaim for a permanent injunction against interference by the Bangalore office-bearers.

AOR for ISKCON Bangalore - Advocate Kartik Seth

Case no. – C.A. No. 9314-9315/2014

Case Title – International Society For Krishna Consciousness Bangalore v. International Society For Krishna Consciousness Mumbai And Ors.