Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Religious Institution Orissa Hindu Religious Endowments Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Law: Orissa Hindu Religious Endowments Act, 1951 : Sections 3(6) and 42.Public Religious Institution-Hereditary Trustees of-Conditions to be fulfilled-Certain persons claimed to be hereditary trustees of public religious institution on the basis that they were functioning as marfatdars-However, no evidence was adduced to this effect-But High Court held that there was sufficient material to show that they were marfatdars and that on the principle of 'lost grant' they should be deemed hereditary trustees-Correctness of- Held: In order to become hereditary trustees the claimants have to establish by cogent evidence that (i) members of their family have been in charge of the management of the affairs of the deity as trustees; (ii) succession to their office devolved on them by hereditary right since the time of the founder; and (iii) the succession scheme was in force at the time of filing of application under S.42- Merely because a person is in charge of the administration of the institution even as a trustee will not make him a hereditary trustee-Hence, High Court erred in holding the said persons as hereditary trustees. Grant-Lost Grant-Presumption of-Public Religious Institution-Hereditary Trustees of-Marfatdars-Claim of-Held: Lost grant may be inferred when use is open, as of right and without interruption but not when user can be explained otherwise-There can be no presumption of the fiction of a lost grant in favour of persons who constitute trustees in succession-There is no material on record to draw an inference that the marfatdars are hereditary trustees. Words and Phrases : "Hereditary Trustees" and "otherwise"-Meaning of-In the context of S.3(6) of the Orissa Hindu Religious Endowments Act, 1951. "Marfatdars"-Meaning of Doctrines : Doctrine of Lost Grant-Presumption of. |
Judge | Honble Mr. Justice S. Rajendra Babu |
Neutral Citation | 2000 INSC 363 |
Petitioner | Braja Kishore Jagdev |
Respondent | Lingraj Samantaray And Ors. |
SCR | [2000] Supp. (2) S.C.R. 5 |
Judgement Date | 2000-07-28 |
Case Number | 2378 |
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