SREE SREE ISWAR GOPAL JIEU THAKUR versus PRATAPMAL BAGARIA AND OTHERS

The grants of permanent leases by the shebaits were justified by legal necessity based on document recitals and long passage of time without challenge; mortgage dues have been satisfied and the appellants are not entitled to compensation as mortgagees.

Parties: Appellant/respondent (deity): Sree Sree Iswar Gopal Jieu Thakur; Respondent/appellant (mortgagee, Permanent Lessee): Pratapmal Bagaria and Others; Respondent No. 4 in Civil Appeal No. 95 (lessee for 99 Years): S.N. Mukherjee
Jurisdiction: India
Judgment Date: 14 March 1951
Procedural Posture: Civil Appeal / Supreme Court Final Appellate Stage
Outcome: Appeals dismissed
Legal Topics: Alienation by Trustee, Legal Necessity, Permanent Lease, Usufructuary Mortgage, Presumption of Validity, Debutter Property

Property Law Religious Endowments Law Alienation by Trustee Legal Necessity Permanent Lease Usufructuary Mortgage Presumption of Validity Debutter Property

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Parties

Sree Sree Iswar Gopal Jieu Thakur

Appellant/respondent (deity)

Pratapmal Bagaria and Others

Respondent/appellant (mortgagee, Permanent Lessee)

S.N. Mukherjee

Respondent No. 4 in Civil Appeal No. 95 (lessee for 99 Years)

Procedural Posture

Civil Appeal / Supreme Court Final Appellate Stage

Legal Issues

1 Whether the permanent leases granted by the shebaits were justified by legal necessity
2 Whether the usufructuary mortgage had been satisfied, entitling claim to compensation

Ratio Decidendi

Court Disposition

Appeals dismissed

Orders

Appeal No. 95 dismissed; respondents entitled to compensation as permanent lessees.
Appeal No. 96 dismissed; appellants have failed to prove any money due on usufructuary mortgage.