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PETITIONER: SREE SREE ISHWAR SRIDHAR JEW
Vs.
RESPONDENT: SUSHILA BALA DASI AND OTHERS.
DATE OF JUDGMENT: 16/11/1953
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. MUKHERJEA, B.K. BOSE, VIVIAN
CITATION: 1954 AIR 69 1954 SCR 407 CITATOR INFO : R 1965 SC1874 (17) R 1974 SC 740 (10)
ACT: Hindu law-Religious endowments-Dedication of properties Dedication to idol subject to charge in favour of heirs or bequest to heirs subject to charge in favour of idol- Construction of will-Adverse possession-Possession of shebait, whether can be adverse to idol.
HEADNOTE: The question whether the idol itself is the true beneficiary subject to a charge in favour of the heirs of the testator, or the heirs are the true beneficiaries subject to a charge for the upkeep, worship and expenses of the idol, has to be determined by a conspectus of the entire provisions of the deed or will by which the properties are dedicated. Pande Har Narayan v. Surja, Kunwari (I.L.R. 47 I.A. 143) referred to. A provision giving a right to the sevayats to reside in the premises dedicated to the idol for the purpose of carrying on the daily and periodical worship and festivals does not detract from the absolute character of a dedication to the idol. Gnanendra Nath Das v. Surendra Nath Das (24 C.W.N. 1026) referred to. No shebait ca...