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september 1981

Supreme Court of India · 1981-09-04

MATH SAUNA AND ORS. vs KEDAR NATH @ UMA SHANKAR & ORS.

Citation / case number
SC 1970/60363
Court
Supreme Court of India
Petitioner
MATH SAUNA AND ORS.
Respondent
KEDAR NATH @ UMA SHANKAR & ORS.
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the properties in dispute were the personal properties of Mahant Shivshankar Yati and did not belong to the Math Sauna or the deity. The Court established that certain sects of Sanyasis, such as Dashnami Sanyasis, can acquire personal property, and the burden of proof lies with the plaintiff to establish entitlement to the properties. The appeal was dismissed, affirming that the properties were not part of the Math's assets but were personal to the Mahant, as evidenced by succession certificates and revenue records.

MATH SAUNA AND ORS. vs KEDAR NATH @ UMA SHANKAR & ORS. · Niyam