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.