| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 1959 Hindu Religious and Charitable Endowments Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – ss. 116(2)(xii), 108 – Dedication of Jewellery – Specific Endowment – Adorning the Deity – Appellant’s case that ‘M’ licensed the suit jewellery to be kept in the Kudavarai (safe vaults) of the Temple (respondent) – Appellant claimed that the suit jewellery was inherited by him as an adopted son of ‘M’ – Held: As far as endowment of the suit jewellery is concerned, there are concurrent findings of fact by the three courts in favour of the respondent and against the appellant – The dedication of the suit jewellery does not require an express dedication or document, and can be inferred from the circumstances – Kudavarai is not a public vault where people keep their personal jewellery, and the suit jewellery kept in it since 1894 was always and only used for adorning the Temple deity for ten days at the Adipooram festival – Suit jewellery was a ‘specific endowment’ for the performance of the specific service of adorning the deity and it was a charity in favour of the Temple – The involvement of the family of the appellant was limited and restricted to retaining the keys of the Kudavarai and the iron safe which were to be opened at the time of the festival – It is crystal clear that there was a specific endowment of the suit jewellery way back in 1894 and the challenge made by the appellant has no legs to stand on and is totally devoid of merit – Appellant restrained from interfering in any manner with the right of the Temple authorities to take out the suit jewellery from the Kudavarai whenever the occasion demands.Civil Procedure Code, 1908 – s. 11 – Res judicata – Constructive Res judicata – Or. II, r.2 – The suit was dismissed for technical reasons, which decision is not an adjudication on merits of the dispute that would operate as res judicata on the merits of the matter – Further, to succeed and establish a prayer for res judicata, the party taking the said prayer must place on record a copy of the pleadings and the judgments passed, including the appellate judgment which has attained finality – It is accepted that the second appeal filed by the respondent was dismissed, giving liberty to the respondent to file a fresh suit with a prayer of declaration of title/endowment in respect of the suit jewellery – The liberty granted was not challenged by the appellant – Hence, the bar of constructive res judicata/ Order II Rule 2 of the Code is not attracted. |
| Judge | Hon'ble Mr. Justice Sanjiv Khanna |
| Neutral Citation | 2022 INSC 665 |
| Petitioner | R. M. Sundaram @ Meenakshisundaram |
| Respondent | Sri Kayarohanasamy And Neelayadhakshi Amman Temple (through Its Executive Officer) Nagapattinam, Tamil Nadu |
| SCR | [2022] 11 S.C.R. 475 |
| Judgement Date | 2022-07-11 |
| Case Number | 3964 |
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