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february 1971

Supreme Court of India · 1971-02-09

BIHAR STATE BOARD RELIGIOUS TRUST, PATNA vs MAHANT SRI BISESHWAR DAS

Citation / case number
SC 1967/39
Court
Supreme Court of India
Petitioner
BIHAR STATE BOARD RELIGIOUS TRUST, PATNA
Respondent
MAHANT SRI BISESHWAR DAS
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that the properties associated with a religious mutt, specifically under the Bihar Hindu Religious Trusts Act, 1951, do not automatically qualify as public religious trusts. The onus of proof lies on the party alleging the existence of a trust, and the mere descent of property from Guru to Chela does not imply a public character. The Court found that the respondent Mahant's claim to personal ownership was valid, as the evidence presented did not establish a public trust under Section 2(1) of the Act, leading to the dismissal of the appellant's appeal.

BIHAR STATE BOARD RELIGIOUS TRUST, PATNA vs MAHANT SRI BISESHWAR DAS · Niyam