K. ARJUN DAS versus COMMISSIONER OF ENDOWMENTS, ORISSA & ORS.

K. ARJUN DAS versus COMMISSIONER OF ENDOWMENTS, ORISSA & ORS.

The Division Bench of the High Court committed manifest error in setting aside concurrent findings regarding alienation of the trust property; registered sale deeds in favor of the appellant, executed after due compliance with Section 19 of Orissa Hindu Religious Endowments Act, 1951, cannot be nullified by public auction based on offers from intervenors, and are legally sustainable.

Parties
Appellant: K. Arjun Das; Respondents: Commissioner of Endowments, Orissa & Ors.; Fit Person (on Behalf of Deity): Sunaram Sabat; Intervenor/respondent No.4: Lokesh Patro; Intervenor/respondent No.5: Debendranath Patro; Respondent No.8/appellant in Appeal: Chinmaya Mohapatra
Jurisdiction
India
Judgment Date
17 September 2019
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Orissa High Court
Outcome
Appeals allowed; judgment of Division Bench of High Court set aside.
Legal Topics
Alienation of Trust Property, Public Auction of Religious Endowment Property, Tenancy Rights, Procedural Compliance Under Endowments Act
Property Law Religious Endowments Alienation of Trust Property Public Auction of Religious Endowment Property Tenancy Rights Procedural Compliance Under Endowments Act

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Parties

K. Arjun Das

Appellant

Commissioner of Endowments, Orissa & Ors.

Respondents

Sunaram Sabat

Fit Person (on Behalf of Deity)

Lokesh Patro

Intervenor/respondent No.4

Debendranath Patro

Intervenor/respondent No.5

Chinmaya Mohapatra

Respondent No.8/appellant in Appeal

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Orissa High Court

Legal Issues

  1. 1 Whether permission to sell Trust property under Section 19 of the Orissa Hindu Religious Endowments Act, 1951 was validly granted and complied with
  2. 2 Whether the appellant was a tenant in possession and entitled to preferential purchase
  3. 3 Whether the Division Bench of High Court erred in setting aside registered sale deeds in favour of appellant

Ratio Decidendi

The Division Bench of the High Court committed manifest error in setting aside concurrent findings regarding alienation of the trust property; registered sale deeds in favor of the appellant, executed after due compliance with Section 19 of Orissa Hindu Religious Endowments Act, 1951, cannot be nullified by public auction based on offers from intervenors, and are legally sustainable.

Court Disposition

Appeals allowed; judgment of Division Bench of High Court set aside.

Orders

  • Division Bench High Court judgment dated 8th April, 2009 set aside.
  • Registered sale deeds in favour of appellant sustained.