Supreme Court of India · 1953-11-16
SREE SREE ISHWAR SRIDHAR JEW vs SUSHILA BALA DASI AND OTHERS.
- Citation / case number
- SC 1952/38
- Court
- Supreme Court of India
- Petitioner
- SREE SREE ISHWAR SRIDHAR JEW
- Respondent
- SUSHILA BALA DASI AND OTHERS.
- Bench
- BHAGWATI, NATWARLAL H.
Judgment text excerpt
The Supreme Court addressed the issue of whether an idol is the true beneficiary of properties dedicated to it, subject to a charge in favor of the heirs, or if the heirs are the beneficiaries with a charge for the idol's upkeep. The Court held that the entire provisions of the will must be considered to determine the true beneficiaries. It affirmed that a shebait cannot claim adverse possession against the idol as long as he remains in that position, referencing Surendrakrishna Ray v. Shree Shree Ishwar Bhubaneshwari Thakurani (I.L.R. 60 Cal. 54). The judgment of the Calcutta High Court was upheld.