NDLI: Sree Sree Iswar Gopal Jieu Thakur Vs. Pratapmal Bagaria and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	religious Endowments
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Religious endorsements -- Alienation by trustee -- Legal necessity -- Old transaction - original parties and witnesses not available value of recitals ++ Permanent lease -- not questioned by successive trustee -- Presumption of validityWhere the issue is whether there was legal necessity for a particular transaction, if all the original parties to the transaction and those who could have given evidence on the relevant points have passed away, a recital consisting of the principal circumstances of the case assumes greater importance and cannot be lightly set aside.Banga Chandra dhar Biswas v. Jagat Kislwre Chautdhuri (43 I.A, 249) referred to.Where the validity of a permanent lease granted by a shebait has remained unquestioned for a very long time since the grant, although it is not possible to ascertain fully what the circumstances were in which it was made, the Court should assume that the grant was made for necessity so as to be valid beyond the life time of the grant or.
Judge	Hon'ble Mr. Justice Sir Saiyid Fazl Ali
Neutral Citation	1951 INSC 17
Petitioner	Sree Sree Iswar Gopal Jieu Thakur
Respondent	Pratapmal Bagaria And Others
SCR	[1951] 1 S.C.R. 332
Judgement Date	1951-03-14
Case Number	95

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Sree Sree Iswar Gopal Jieu Thakur Vs. Pratapmal Bagaria and Others