Supreme Court of India · 1973-12-07
SAPPANI MOHAMED MOHIDEEN & ANR. vs R. V. SETHUSUBRAMANIA PILLAI & ORS.
- Citation / case number
- SC 1967/276
- Court
- Supreme Court of India
- Petitioner
- SAPPANI MOHAMED MOHIDEEN & ANR.
- Respondent
- R. V. SETHUSUBRAMANIA PILLAI & ORS.
- Bench
- GOSWAMI, P.K.
Judgment text excerpt
The Supreme Court held that the determination of whether an endowment is absolute or partial primarily depends on the terms of the grant, as outlined in the partition deed. The Court found that Clause 9 of the deed did not indicate an absolute dedication of the property for religious charities, but rather imposed an obligation to perform the charities, allowing for the alienation of the property. The appeal was allowed, affirming that the obligation to perform the charity follows the property, and the alienation was valid.