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november 1953

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.

SREE SREE ISHWAR SRIDHAR JEW vs SUSHILA BALA DASI AND OTHERS. · Niyam