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PETITIONER: SARASWATHI AMMAL AND ANOTHER
Vs.
RESPONDENT: RAJAGOPAL AMMAL.
DATE OF JUDGMENT: 20/10/1953
BENCH: JAGANNADHADAS, B. BENCH: JAGANNADHADAS, B. MAHAJAN, MEHR CHAND MUKHERJEA, B.K.
CITATION: 1953 AIR 491 1954 SCR 277 CITATOR INFO : R 1970 SC 458 (12,14) E&R 1978 SC1174 (13,14)
ACT: Hindu law-Religious endowments-Dedication for worshing at tomb-Validity-Public policy.
HEADNOTE: A perpetual endowment of properties for the purpose of samadhi kainkaryam, i.e., worship of and at the samadhi (tomb) of a person, is not valid under Hindu law. To the extent that any purpose is claimed to be a valid one for perpetual dedication on the ground of religious merit though lacking in public benefit, it must be shown to have a Shastraic basis so far as Hindus are concerned. The heads of religious purposes determined by belief in acquisition of religious merit cannot be allowed to be widely enlarged consistently with public policy and needs of modern society. Kunhamutty v. T. Ahmad Musaliar and Others (I.L.R. 58 Mad. 204, A. Draviasundaram Pillai v. N. Subrahmanya Pillai (I.L.R. 1945 Mad. 854), Veluswami Goundan v. Dandapani ([1946] 1 M.L.J. 354) approved. M. K. A. Ramanathan Chettiar v. Vada Levvai Marakayar and Others (I.L.R. 34 Mad. 12) and Board of Commissioners for Religious Endowments v. Pidugu Narasimham a...