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.