HARENDRA NATH BHATTACHARYA & ORS. versus KALIRAM DAS-DEAD BY L.RS.

HARENDRA NATH BHATTACHARYA & ORS. versus KALIRAM DAS-DEAD BY L.RS.

Section 92 of the Code of Civil Procedure does not apply as none of the reliefs claimed fall within the section; therefore, non-compliance with Section 92 does not affect the maintainability of the suit. The grant, though termed Brahmottar, was for religious purposes and not a personal grant.

Parties
Appellant: Harendra Nath Bhattacharya & Ors.; Respondent: Kaliram Das (Dead by L. Rs.)
Jurisdiction
India
Judgment Date
22 November 1971
Procedural Posture
Civil Appeal / Supreme Court Appeal by Certificate
Outcome
Appeal dismissed
Legal Topics
Section 92 CPC, Dharmottar Grants, Religious Trusts, Endowments, Maintainability of Suit
Civil Procedure Trusts and Religious Endowments Section 92 CPC Dharmottar Grants Religious Trusts Endowments Maintainability of Suit

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Parties

Harendra Nath Bhattacharya & Ors.

Appellant

Kaliram Das (Dead by L. Rs.)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Certificate

Legal Issues

  1. 1 Whether Section 92 of the Code of Civil Procedure applies to the suit
  2. 2 Whether the suit land is Dharmottar or Brahmottar property
  3. 3 Whether the suit is maintainable without compliance with Section 92 CPC

Ratio Decidendi

Section 92 of the Code of Civil Procedure does not apply as none of the reliefs claimed fall within the section; therefore, non-compliance with Section 92 does not affect the maintainability of the suit. The grant, though termed Brahmottar, was for religious purposes and not a personal grant.

Court Disposition

Appeal dismissed

Orders

  • Appeal fails and is dismissed with costs