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february 2017

Supreme Court of India · 2017-02-23

Swami Shivshankargiri Chella Swami& ... vs Satya Gyan Niketan & Anr

Citation / case number
AIR 2017 SUPREME COURT 1221
Court
Supreme Court of India
Petitioner
Swami Shivshankargiri Chella Swami& ...
Respondent
Satya Gyan Niketan & Anr
Author
Pinaki Chandra Ghose
Bench
Ashok Bhushan, Pinaki Chandra Ghose

Judgment text excerpt

The Supreme Court held that the High Court erred in setting aside the District Judge's order allowing the appellants to file a suit under Section 92 of the Code of Civil Procedure (CPC). The Court emphasized that the nature of the property, dedicated for a charitable purpose, created a constructive trust, and the conditions imposed in the waqf deed precluded the respondent from having absolute ownership. The Court reinstated the District Judge's decision, allowing the appellants to pursue their suit for the enforcement of the trust's objectives.

Swami Shivshankargiri Chella Swami& ... vs Satya Gyan Niketan & Anr · Niyam