- (1.) Sri Sudhir Ranjan Bhaduri, an eminent scholar of Varanasi District, died in 1955. He left behind some minor heirs for whom the District Magistrate, Varanasi was appointed guardian by the District Judge, Varanasi. It is submitted that Sri Bhaduri had a very rich library which consisted of handwritten manuscript and printed books. The District Magistrate acting as guardian of the minors' person and property is said to have handed over the books to the Sanskrit College, which was later on converted into Sanskrit University, for being kept in safe custody.
(2.) The minors after having attained majority made an application to the District Judge for return of their property including the books. An order was accordingly made. The heirs are said to have received only five books from the lot of books, which were deposited with the Sanskrit College for safe custody. The rest of the books, inventory whereof was made at the time of their deposit with the Sanskrit College, were not returned to the legal heirs. Sri Brahm Gopal Bhaduri, who is the son of the deceased Bhaduri, is said to have moved an application for return of the books. On this application being filed the State Government and the Sanskrit University raised objection that the books had been purchased by the State Government, therefore, the applicant was not entitled to get the books back A sum of Rs. 12,000.00 was said to have been sanctioned by the State Government for the books and it was said that this amount was deposited in the account of the minors. According to the appellants this amount was spent on the maintenance of the minors whereas the minors, who have now attained majority, have stated that the amount has not been withdrawn by them and even if it is deposited in their account, it can be withdrawn by the appellants or the State Government, as the case may be, along with the interest but they are not interested in selling the books or take the amount allegedly deposited by the State Government as price of the books.
(3.) The Court below has made a direction in favour of the respondent-applicants (heirs of Mr. Bhaduri) for return of the books. This direction was made by the court below after considering the reply and after framing the issues on the basis of the written submissions by the parties before the court below. The following points, accordingly to the court below, required determination : 1. Whether the alleged books were delivered to the University (Sampurnanand Sanskrit Vishwavidyalaya) for being kept in their custody only or the University had purchased them? 2. If the books were delivered to the University for being kept in their custody. What exactly is the provision of law under which they can be ordered to be returned to the petitioner? 3. What are the specific books which can be ordered to be returned to the petitioner, in case the answer to the points Nos. 1 and 2 are decided in their favour? 4. What is the effect of the order dated 24-2-1968 and 4-4-1968? To whom these orders. were directed and whether the University is bound by it? Whether these orders suffer from vagueness? 5. Whether the books were purchased by the State Government in the manner, as alleged in para 4 of the affidavit 32/C and were then transferred to the library of the said University, as alleged in para 6 of the said affidavit? Does not alleged transfer had made the said University a mere custodian for and on behalf of the petitioner or they became the owners of the books? 6. Whether the Collector, Varanasi acting as guardian of the petitioner, we competent to transfer the ownership of the books and whether he made such transfer, as alleged?;