RAM BHAROSE SHARMA versus MAHANT RAM SWAROOP AND ORS.

RAM BHAROSE SHARMA versus MAHANT RAM SWAROOP AND ORS.

The grant under Ext. A-1 is a clear, personal grant to Swami Ram Ballabh; it was not made for any group, institution, or trust, nor with any attached obligation for the benefit of Ram Sanehi sect; subsequent religious use does not change the character of the grant.

Parties
Appellant: RAM BHAROSE SHARMA; Respondent: MAHANT RAM SWAROOP
Jurisdiction
India
Judgment Date
06 February 2001
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeals dismissed
Legal Topics
Jagir Grants, Personal Vs Institutional Grants, Public Trust, Succession (matmi), Interpretation of Grant Deeds
Property Law Trust Law Jagir Grants Personal Vs Institutional Grants Public Trust Succession (matmi) Interpretation of Grant Deeds

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Parties

RAM BHAROSE SHARMA

Appellant

MAHANT RAM SWAROOP

Respondent

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the grant of Udak Jagir was a personal grant or to an institution or trust
  2. 2 Whether subsequent use of property alters nature of grant
  3. 3 Whether admission by holder regarding public trust status binds him

Ratio Decidendi

The grant under Ext. A-1 is a clear, personal grant to Swami Ram Ballabh; it was not made for any group, institution, or trust, nor with any attached obligation for the benefit of Ram Sanehi sect; subsequent religious use does not change the character of the grant.

Court Disposition

Appeals dismissed

Orders

  • No order as to costs