Supreme Court of India · 1978-05-02
JADU GOPAL CHAKRAVARTHY (DEAD) AFTER HIM HIS LEGA vs PANNALAL BHOWMICK AND ORS.
- Citation / case number
- SC 1968/60228
- Court
- Supreme Court of India
- Petitioner
- JADU GOPAL CHAKRAVARTHY (DEAD) AFTER HIM HIS LEGA
- Respondent
- PANNALAL BHOWMICK AND ORS.
- Bench
- SARKARIA, RANJIT SINGH
Judgment text excerpt
The Supreme Court held that the deed of trust executed by Indra Narayan Biswas did not create an absolute debuttar but rather charged the properties for the worship of the deity, allowing for scrutiny under Section 103 of the Civil Procedure Code. The Court emphasized that the settlor's intention to reserve some benefits for family relations must be considered, leading to the conclusion that the debuttar was partial. The Court upheld the trial court's interpretation and dismissed the appeal.