Supreme Court of India · 2008-05-06
Sitaram Agarwal & Anr vs Subarata Chandra & Damkrishna Dhara & ...
- Citation / case number
- AIR 2008 SC (SUPP) 1952
- Court
- Supreme Court of India
- Petitioner
- Sitaram Agarwal & Anr
- Respondent
- Subarata Chandra & Damkrishna Dhara & ...
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court addressed the issue of whether the property in question was a debottar property, emphasizing the distinction between a deed of dedication and a deed of sale. The Court upheld the findings of the Calcutta High Court and the Additional District Judge, concluding that the property was indeed purchased in the name of the deity Sri Sri Durgamata Thakurani, with Amar Chandra Dhara acting merely as a sebait. The appeal was dismissed, affirming that the deed of sale dated 3.5.1954 did not allow for alienation by Amar Chandra Dhara as it was intended for the deity.