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PETITIONER: JAGADGURU GURUSHIDDASWAMI
Vs.
RESPONDENT: DAKSHINA MAHARASHTRA DIGAMBARJAIN SABHA.
DATE OF JUDGMENT: 14/10/1953
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. MAHAJAN, MEHR CHAND JAGANNADHADAS, B.
CITATION: 1953 AIR 514 1954 SCR 235
ACT: Religions endowments-Permanent lease by head of math- Demise by lessee by way of gift-Decree obtained by succeeding head against heirs of lessee for recovery of possession-Whether binding on donee-Fresh suit against donee-Maintainability-Limitation -Limitation Act (IX of 1908), s. 10A, Art. 134B-"Valuable considerations meaning of. (1) [1911] 1 Ch. 92 at p. 98, 236
HEADNOTE: In 1887 the head of a math granted a permanent lease of property belonging to the math. In 1910 the lessee’s successor in interest made a gift of the leased premises to a Jain Sabha for constructing a school thereon with the condition that if the school was removed from the site or ceased to exist, the site should revert to the donor. In 1925 the plaintiff became head of the math and in 1932 he instituted a suit for ejectment against the heirs of the lessee alleging that the lease was not binding on the math and obtained a decree for possession. The Jain Sabha however was not effectively made a party to the suit and was dismissed from it. In 1943 the plaintiff instituted a suit against t...