| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Religious Charity Specific Endowment |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (22 of 1959) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Tamil Nadu Hindu Religious and Charitable Endowments Act,1959 – ss.6(16), 6(19), 34, 108 – Person purchased property forperforming charitable work in reference to Sri Renganathaswamysanctum – On a portion, a Stone Mandapam was constructed forthe deity of Sri Renganathaswamy, to invite and receive its blessingsduring Hindu festival months – He executed a Deed of Settlementinter alia prohibiting the trustees from sale/mortgage of the property– First respondent-trust filed suit seeking permission for sale of theproperty leaving aside the area consisting the ‘Stone Mandapam’–Suit decreed – Judgment upheld – Appellant filed second appeal,dismissed by High Court – Held: Deed of Settlement must beexamined as a whole to determine the true intention of the settlor –Settlor had a clear intent to divest himself and his legal heirs of theproperty and endow it for the continuation of the charitable activitiesat the suit property – Deed of Settlement created an endowment forcharitable purposes – Charity described in the Deed of Settlementis a religious charity u/s.6(16) – First respondent trust is a specificendowment under the 1959 Act – As long as there exists a specificendowment defined in s.6(19), the provisions of the 1959 Act willapply to first respondent – s.108 bars the jurisdiction of civil courtsto try matters regulated by 1959 Act – Thus, suit filed by firstrespondent is not maintainable as u/s.34, the Commissioner is theappropriate authority to approve the proposed sale of land – Orderof High Court set aside – Suit filed by first respondent dismissed –Trust.Tamil Nadu Hindu Religious and Charitable Endowments Act,1959 – s.6(19) – Specific endowment – Held: A specific endowmentcan result from the allocation of either property or money (or both)which can be for either a specific charity or service in a particularmath or temple – Alternatively, it can be for the performance of“any other religious charity”.Tamil Nadu Hindu Religious and Charitable Endowments Act,1959– s.6(16) – Religious Charity – Conditions to be met –Discussed.Trust/Charity – Public or private – Distinction – Held: Wherethe beneficiaries of a trust/charity are limited to a finite group ofidentifiable individuals, the trust or charity is of a private character– However, where the beneficiaries are either the public at large oran amorphous, fluctuating body of persons incapable of beingspecifically identifiable, the trust or charity is of a public character– Tamil Nadu Hindu Religious and Charitable Endowments Act,1959.Tamil Nadu Hindu Religious and Charitable Endowments Act,1959 – s.3 – Applicability of – Discussed.Words & Expressions – ‘endow’ – Meaning of – Discussed. |
| Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
| Neutral Citation | 2020 INSC 213 |
| Petitioner | The Idol Of Sri Renganathaswamy Represented By Its Executive Officer, Joint Commissioner |
| Respondent | Pk Thoppulan Chettiar, Ramanuja Koodam Anandhana Trust, Rep. By Its Managing Trustee And Ors. |
| SCR | [2020] 10 S.C.R. 410 |
| Judgement Date | 2020-02-19 |
| Case Number | 9492 |
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