Litigation

Expressions researched:
"litigate" |"litigation" |"litigations"

CC Adi-lila

Despite the spiritual master's order to form a governing body and execute the missionary activities of the Gauḍīya Maṭha, the two unauthorized factions began litigation that is still going on after forty years with no decision.

CC Adi 12.8, Purport:

Such disagreement among the disciples of one ācārya is also found among the members of the Gauḍīya Maṭha. In the beginning, during the presence of Oṁ Viṣṇupāda Paramahaṁsa Parivrājakācārya Aṣṭottara-śata Śrī Śrīmad Bhaktisiddhānta Sarasvatī Ṭhākura Prabhupāda, all the disciples worked in agreement; but just after his disappearance, they disagreed. One party strictly followed the instructions of Bhaktisiddhānta Sarasvatī Ṭhākura, but another group created their own concoction about executing his desires. Bhaktisiddhānta Sarasvatī Ṭhākura, at the time of his departure, requested all his disciples to form a governing body and conduct missionary activities cooperatively. He did not instruct a particular man to become the next ācārya. But just after his passing away, his leading secretaries made plans, without authority, to occupy the post of ācārya, and they split into two factions over who the next ācārya would be. Consequently, both factions were asāra, or useless, because they had no authority, having disobeyed the order of the spiritual master. Despite the spiritual master's order to form a governing body and execute the missionary activities of the Gauḍīya Maṭha, the two unauthorized factions began litigation that is still going on after forty years with no decision.

1972 Conversations and Morning Walks

Oh, yes. Much litigation, and he was in danger.

Room Conversation -- March 12, 1972, Vrndavana:

Prabhupāda: Bon Maharaja bought this land very cheap.

Dr. Kapoor: Oh, yes. He got it for nothing.

Prabhupāda: Only thirty thousand?

Dr. Kapoor: No, even less, I think. About ten thousand. But he...

Prabhupāda: He had to spend much money.

Dr. Kapoor: He got it... It was requisitioned for the college, you see. It was requisitioned.

Prabhupāda: Vṛndāvana University, Vaiṣṇava (indistinct). It was acquired by the government.

Dr. Kapoor: Acquired by the government. That's how he got it cheap. And then he had to go into litigation.

Prabhupāda: Oh, yes. Much litigation, and he was in danger.

Dr. Kapoor: He was in danger.

Śyāmasundara: Still it's not finished.

Prabhupāda: Not yet finished.

Dr. Kapoor: Not yet finished? That litigation is still going on?

Śyāmasundara: No, I mean the building.

Dr. Kapoor: Building huh. The construction is going on?

Prabhupāda: Now he is getting money.

Dr. Kapoor: Now he is getting money. The institution has been recognized by the government.

Prabhupāda: He is not here. I inquired.

Dr. Kapoor: Perhaps not. I don't know.

Prabhupāda: He's gone to Delhi?

Dr. Kapoor: He was trying to force me...

Guru dāsa: Bombay, I think.

Dr. Kapoor: ...force the professorship of his college upon me.

Prabhupāda: Eh?

Dr. Kapoor: When I came here after my retirement...

Prabhupāda: Yes, yes. I know that. (break) If you want, you can come sometime to European countries to our different branches.

Dr. Kapoor: Why you make me leave Vṛndāvana now? (laughs)

Prabhupāda: No, because you have got some background, so you can have very good chance to speak in big institution.

Dr. Kapoor: That's all right.

When you do not take care of God, you must take care of dog.

Morning Walks -- October 1-3, 1972, Los Angeles:

Jayatīrtha: ...so many riots by the students at the university there that the shopkeepers in the local area are suing the State because the windows have been broken so many times and so much merchandise has been stolen by the students, they think the State should pay them back.

Prabhupāda: Yes, they must. The State must be responsible. What the State reply?

Jayatīrtha: Well, they're having to litigate in court over it. The State doesn't want to do it. So this university there is one of the most famous universities in the whole country. They spend so many millions of dollars to maintain it nicely. (break) (dog barking) ...changing their bodies in particular ways to make them look (indistinct).

Prabhupāda: When you do not take care of God, you must take care of dog. (laughter)

1976 Conversations and Morning Walks

Of course, there were many lawyer friends. They advised me that "You do not give up. You should litigate." So I thought, "Who is going to litigate? Let me go to Vṛndāvana." So I left.

Room Conversation -- August 21, 1976, Hyderabad:

Jayapatākā: One man cheated you there? Some land? No.

Prabhupāda: The building belonged to a big zamindar. So Prabhākāra arranged. So it was to be given to me, and I wanted to start the League of Devotees from there. So I spent some money, whatever money I had, and it was going on. But in the meantime, this Lilavati Munshi, Mrs. At that time she was wife of the governor. Her husband, K. M. Munshi. She had some organization of foreign women. So somehow or other she got imagination that "This house is very nice." She was governor's wife. So it was not given to me rightly, but I was using. So she wanted that house. Through collector and through all government officials pressure. She wrote me later on, that "Bhaktivedantajī, you wanted to organize, but you could not. But I have got this institution. Why not give it to me?" So, of course, there were many lawyer friends. They advised me that "You do not give up. You should litigate." So I thought, "Who is going to litigate? Let me go to Vṛndāvana." So I left. So at Mathurā I delivered the Deity to this Keśavajī Gauḍīya Maṭha, and I made my place in Vṛndāvana.

Gargamuni: You had such a hard struggle in the beginning.

Prabhupāda: Oh, yes.

Gargamuni: Because that place, I saw in the photo, everything was there. Nice big sign.

Prabhupāda: It was a very good place. This Prabhākāra helped me. Ninety percent was... But if I did not leave, nobody could drive me, that was a fact. But I thought "Who is going to..., for litigation? She is the governor's wife, and she is pressing through collectors, through..." The manager who was in charge, he had some cinema house. So they had to renew the license, cinema house. And the collector pressed him that "Unless you arrange for this house, we are not going to renew your license." I thought, "Unnecessarily this man will be in trouble. I'll have to pay so many rupees, and she is governor's wife." And that lady came to me in Bombay several times. "You take my press. You have got so many publications." So I said "I can take your press. I have got money. But what shall I do with it? It is letter press. Now printing is done by offset." That press, Associated Press, is very good press. It was... They got so many government contracts. The whole telephone guides were printed there. But because it is letterset press, it is costly. The government got offset press, cheaper price. So that contract was cancelled. So for her nefarious activity she is punished. Her husband died. She has no more importance, and she was one of the trustees of Bharatiya Vidya Bhavan. So she was exempted. Now she's an ordinary woman. Press is not working.

Gargamuni: All they have is that Bhavan's Journal.

Prabhupāda: Yes.

Gargamuni: Nobody reads that.

All the big lawyers in Jhansi, they were my friends. They said that "You not go. We shall arrange." I thought that "I have left my home, for this reason I am going to, again litigation. I don't want this house. Let her do something."

Room Conversation -- October 3, 1976, Vrndavana:

Hari-śauri: (laughs) You were teaching Vaiṣṇavism or...

Prabhupāda: Yes. I wanted to start from there. It was very nice, big house. But this K. Munshi's wife tactfully wanted me to... The Governor's wife. That was a very big house.

Hari-śauri: Oh, there were some politics. I didn't know.

Prabhupāda: But he peacefully took it. I could have fought but I did not like. All the pleaders in Jhansi, they said, "Don't leave." She was pressing through the collectors, to the manager. That house belonged to some zamindar. But it was under the management of another man, Reba Shankara(?). So he was proprietor of one cinema hall. So the governor's wife was pressing him through the collector because the license has to be renewed from the collector. Collector was insisting that "You give that house, Lilavati Munshi. Indirectly. Otherwise, your license will not be issued."

Hari-śauri: They didn't leave you very much choice.

Prabhupāda: I thought, I could not do something tangible. That's a fact. (indistinct) Somehow or other, I thought, let me go to Vṛndāvana. What is the use of fighting? Otherwise, all the big lawyers in Jhansi, they were my friends. They said that "You not go. We shall arrange." I thought that "I have left my home, for this reason I am going to, again litigation. I don't want this house. Let her do something."

Hari-śauri: The League of Devotees, was that Godbrothers again? Was that some Godbrothers that you joined up with or was that just...

Prabhupāda: No, after leaving Jhansi I went to this Godbrother.

Hari-śauri: Keśava.

Prabhupāda: I lived there for few months. Then I went to another Godbrother, that Imlitala, Delhi. Then I left there. I used to live alone in Delhi. Then I took one house in Keśī-ghāṭa. Then the Rādhā-Dāmodara men they called me that "You can live here. We give you two rooms. We don't charge. We give you the place." I came to Rādhā-Dāmodara. And from Rādhā-Dāmodara temple I went U.S.A.

1967 Correspondence

As far as possible do not get into litigation with your cousin Gauracandra but try to settle things by your presence.

Letter to Nripen Babu -- San Francisco 18 March, 1967:

As far as possible do not get into litigation with your cousin Gauracandra but try to settle things by your presence. Your presence in the temple is essential to establish your claim. In your absence some body as your representative must remain there. It is essential. And you can publish in the paper that no transaction will be valid without your signature as copartner.

1968 Correspondence

In my humble opinion I may say that instead of wasting your money and energy in the matter of litigation between yourselves, you shall now make a constructive program to develop the Seva-Puja establishment of Sri Sri Radha-Damodara Jeu.

Letter to Gosainji -- Allston, Masa 17 May, 1968:

Since I have come back to USA I have not heard anything from you. I hope everything is well with you. I am very much anxious to know about the litigations amongst yourselves. If you have no objections, you can let me know what the present position is. In my humble opinion I may say that instead of wasting your money and energy in the matter of litigation between yourselves, you shall now make a constructive program to develop the Seva-Puja establishment of Sri Sri Radha-Damodara Jeu. When you invited me from Kesi Ghat to the shelter Radha-Damodara Jeu, it was very kind of you. And at that time, both yourself and Nripen Babu of Kanpur agreed to give me the vacant lands adjoining the temple on leased terms. I hope you will remember this and I think in my files I have got letters of confirmations from both of you, namely, yourself and Nripen Babu. Later on situation became different, and the proposal could not be given any practical shape. I entered Sri Sri Radha-Damodara Jeu Temple with a desire to develop the position of the Temple in a very attractive way, but the prospect is being checked at the present position on account of both you and Nripen Babu being entangled in litigation. I am getting old day by day, and I do not know when the last moment will come, but before the last moment will come, I wanted to fulfill my desire in the matter of developing the establishment of Sri Sri Radha-Damodara Temple. I therefore request both of you to come to an agreement and let us join together in the service of the Lord.

1969 Correspondence

Regarding your insurance policy, I do not wish to engage you in litigation; that is not a sannyasi's business.

Letter to Kirtanananda -- Los Angeles 14 February, 1969:

Regarding your insurance policy, I do not wish to engage you in litigation; that is not a sannyasi's business. In India, since I left, people have grabbed my money up to many thousands of rupees. That Hitsaran took away 2000 Rs, the landlord has taken away more than 2000 Rs, but what can I do? If I go to litigation I will have to put myself in so many anxieties. It is better to forget. If peacefuly you can draw the money from your father that is all right. I do not know what kinds of devious means you want to use in this connection, but any means, if it does not put you into difficulties, will be acceptable.

1972 Correspondence

One thing is, are there any tenants in these temples? If so there is no question of purchase as there will be long process of litigation to remove them.

Letter to Gurudasa -- Los Angeles 15 September, 1972:

I beg to acknowledge your letter from Vrndavana dated September 3, 1972, with the letter from Mr. Suri's firm in New Delhi, and I have noted the contents carefully. The first thing is to develop our own place. There we must immediately build a temple. I wanted a temple like Govindaji's, is it so difficult that for the last six months you have consulted so many engineers? Any ordinary engineer can draw up the plans and get it passed. There has been so much unnecessary correspondence. We have sent two sets of plans, how is it that all the plans are being lost and you have not received them? So we cannot divert our attention further, but if they donate then we can spend very elaborately to renovate those temple. As for purchasing Kesighat Temple, we can see later on, we have to see to our own plot first. One thing is, are there any tenants in these temples? If so there is no question of purchase as there will be long process of litigation to remove them.

1973 Correspondence

Yes, we want to avoid litigation.

Letter to Gurudasa -- Calcutta 4 July, 1973:

Re. Madan Mohan Goswami, yes, we want to avoid litigation; as you have said the legal system is completely corrupt. But if he goes to the courts we shall be forced to go also.

The Hyderabad caste brahmanas came to fight with me on the issue that brahmanas are made by Birth, but we do not follow this principal, therefore now if we accept this defective donation and later on this question is raised that we are getting the Deity Worship maintained by Europeans and Americans who are not born in brahmana families there will be great litigation on this issue and it may be judgement is against us, then what we will do?

Letter to Mahamsa -- Bhaktivedanta Manor 8 August, 1973:

Sriman Pannalal Pittie and Sriman Seshu are quite right when they say that the clause number five in the deed must be omitted. Tamala Krishna is not right. He says that we can always prove in the courts that what ever we do is in accordance with the rules and regulations of our society. But that clause number five will remain a pin-prick in the whole arrangement. The Hyderabad caste brahmanas came to fight with me on the issue that brahmanas are made by Birth, but we do not follow this principal, therefore now if we accept this defective donation and later on this question is raised that we are getting the Deity Worship maintained by Europeans and Americans who are not born in brahmana families there will be great litigation on this issue and it may be judgement is against us, then what we will do? We have to invest lakhs of Rupees on this temple construction and if later on this is cancelled as you write distinctly "The deed of trust shall stand as cancelled and the property hereby conveyed in trust shall revert back to the author of the trust." So you think we are going to take such risk? Suppose it is going to be reverted to the author of the trust which means he gets the property worth lakhs of Rupees invested by us. Tamala Krishna has no sense that he wants to settle up the things in court as he has done in our Bombay affairs. Un-necessarily he has cancelled our sales agreement with Mrs. Nair and we are suffering so much in litigation. So, he has not gained any experience what is the meaning of going to court. Therefore I can not agree with him that we shall prove in court that we are doing alright. We do not want to keep any clause in the deed of gift which will generate a sort of litigation with the __ in the future. The trust gift must be unconditional. So Sri Pannala Pittie is right and I agree with him. When I was in India Tamala Krishna said that the draft deed would be first accepted by Pannala Pittie and then he would get it confirmed by our lawyer in Bombay. But I do not know why by talking on telephone you should decide such an important transaction. I hope either you or Tamala Krishna should not act anything in this connection without consulting our friends like Pannala Pittie and finally approved by me. So one lakh of Rupees which I promised to pay first in the beginning of this construction, that promise stands good and I shall immediately pay one lakh of Rupees for construction as soon as the deed is finally executed.

The charges of the several litigations have all been withdrawn and the preparations for the conveyance is in progress.

Letter to Bali Mardan -- Bombay 14 October, 1973:

The day before yesterday whatever money I had in the Bombay account, about 4 lakhs, I've given Mrs. Nair another 3 lakhs, and I have compensated Ch__ganlal with 2 lakhs, 16 thousand, out of which 1 lakh 40 thousand has been paid by Mrs. Nair, and the balance I have paid. The charges of the several litigations have all been withdrawn and the preparations for the conveyance is in progress.

1974 Correspondence

This is the motto of our spiritual life: yasya prasadad bhagavata prasadao. My other godbrothers they are concerned with litigations, politics, and diplomacy, so what is the pracara?

Letter to Subala -- Mayapur 15 October, 1974:

I beg to acknowledge receipt of your letter dated September 20, 1974 and I was very glad to read the contents. I thank you for following the order of your spiritual master. This is the motto of our spiritual life: yasya prasadad bhagavata prasadao. My other godbrothers they are concerned with litigations, politics, and diplomacy, so what is the pracara? As far as I am concerned I have the blessings of my guru maharaj. I do not need anything else. That is how I went to your country, just to try to carry out his order. By his blessings it has come out successful.

On the whole if there is a slight doubt even, do not make attempt to purchase this land. That is my request. We cannot risk the money as well purchasing some litigation.

Letter to Pranava -- Bombay 1 November, 1974:

Even if there is a slight doubt in this land purchasing matter, we shall not purchase. There must be no doubt. This man is legal-minded you say, therefore to my mind it is doubtful. It must be very cautiously examined. Mr. Maheswari must be satisfied, and he must issue a Title Certificate before the conveyance can be made. On the whole if there is a slight doubt even, do not make attempt to purchase this land. That is my request. We cannot risk the money as well purchasing some litigation.

1975 Correspondence

As soon as some misunderstanding will be there with the third party then there will be litigation and the preaching will be stopped.

Letter to Mahamsa -- Detroit 3 August, 1975:

Regarding the batai sharing arrangement for the farm, one thing is that if we cannot do ourselves then our attention will be diverted and the preaching will be hampered. As soon as some misunderstanding will be there with the third party then there will be litigation and the preaching will be stopped. The Batai should be done so that the man may not claim proprietorship over the land. That is the risk.

In the Gaudiya Math the politics is still going on. My Guru Maharaja left in 1936, and now it is 1976, so after 40 years the litigation is still going on. Do not come to this.

Letter to Gurukrpa -- Bombay 30 September, 1975:

I am in due receipt of your letter addressed to Rupanuga das dated September 16, 1975 and have noted the contents. Why is there this politics? This is not good. If politics come, then the preaching will be stopped. That is the difficulty. As soon as politics come, everything is spoiled. In the Gaudiya Math the politics is still going on. My Guru Maharaja left in 1936, and now it is 1976, so after 40 years the litigation is still going on. Do not come to this.

1977 Correspondence

Better while the litigation goes on let him take money from us and let out the whole house to us. That will be his own gain.

Letter to Gurudasa -- Mayapur 18 February, 1977:

N.B. You say you are on good terms with Madan Mohan Goswami. Under the circumstances take the whole house on rent from him. Although he is appealing to the court it will not stand. Better while the litigation goes on let him take money from us and let out the whole house to us. That will be his own gain. Whatever the court decides for the time being he can rent from us for the whole house. If you can induce him it is gain for him. Rent should be at the same rent as present.