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november 1962

Supreme Court of India · 1962-11-22

RAMKISHORE LAL vs KAMAL NARAIN

Citation / case number
SC 1960/75
Court
Supreme Court of India
Petitioner
RAMKISHORE LAL
Respondent
KAMAL NARAIN
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the partition award created an absolute dedication of Mouza Telibandha in favor of the temple, despite the use of terms suggesting full proprietorship. The Court emphasized that the intention behind the award was to grant possession and management for the benefit of the temple rather than confer absolute ownership to Ramsaranlal. The judgment clarified that restrictions on alienation do not negate the intention of dedication, and the context of the document must be examined to ascertain the true nature of the rights conferred.

RAMKISHORE LAL vs KAMAL NARAIN · Niyam