BRAJA KISHORE JAGDEV versus LINGRAJ SAMANTARAY AND ORS.

BRAJA KISHORE JAGDEV versus LINGRAJ SAMANTARAY AND ORS.

Respondents failed to establish by admissible evidence that succession to trusteeship devolved by hereditary right or custom since the founder; mere marfatdar status or administration does not confer hereditary trusteeship. The High Court erred by applying the doctrine of lost grant in these circumstances.

Parties
Appellant: Braja Kishore Jagdev; Respondents: Lingaraj Samantaray and Ors.
Jurisdiction
India
Judgment Date
28 July 2000
Procedural Posture
Civil Appeal / Appeal From Orissa High Court Decision in M.a. No. 101 of 1979
Outcome
Appeal allowed.
Legal Topics
Hereditary Trustees, Doctrine of Lost Grant, Public Religious Institutions
Hindu Law Religious Endowments Hereditary Trustees Doctrine of Lost Grant Public Religious Institutions

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Parties

Braja Kishore Jagdev

Appellant

Lingaraj Samantaray and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Orissa High Court Decision in M.a. No. 101 of 1979

Legal Issues

  1. 1 Whether respondents are hereditary trustees under the Orissa Hindu Religious Endowments Act, 1951
  2. 2 Applicability of the doctrine of lost grant to hereditary trusteeship claims

Ratio Decidendi

Respondents failed to establish by admissible evidence that succession to trusteeship devolved by hereditary right or custom since the founder; mere marfatdar status or administration does not confer hereditary trusteeship. The High Court erred by applying the doctrine of lost grant in these circumstances.

Court Disposition

Appeal allowed.

Orders

  • Order of High Court set aside.
  • Order of Assistant Commissioner restored.