Supreme Court of India · 2017-02-23
SWAMI SHIVSHANKARGIRI CHELLA SWAMI vs SATYA GYAN NIKETAN
- Citation / case number
- SC 2011/35741
- Court
- Supreme Court of India
- Petitioner
- SWAMI SHIVSHANKARGIRI CHELLA SWAMI
- Respondent
- SATYA GYAN NIKETAN
- 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 order allowing the appellants to file a suit under Section 92 of the Code of Civil Procedure (CPC). The Court established that a constructive trust was created by the waqf deed, which aimed at the charitable purpose of promoting the Hindi language. The Court reinstated the lower court's decision, allowing the appellants to proceed with their suit against the respondents.