SITARAM AGARWAL & ANR. versus SUBARATA CHANDRA & DAMKRISHNA DHARA & ORS.

SITARAM AGARWAL & ANR. versus SUBARATA CHANDRA & DAMKRISHNA DHARA & ORS.

The suit property was a debutter property in the name of the deity, managed by a Shebait, and could not be alienated by the Shebait for personal benefit; appellants failed to discharge the burden of proof that the dedication was incomplete or benami, and no substantial question of law arose; findings of fact by appellate and High Court are affirmed.

Parties
Appellant: Sitaram Agarwal; Respondent: Subarata Chandra; Respondent: Damkrishna Ohara; Appellant: Archana Singh; Appellant: Vibhakar Mishra; Respondent: M. lndrani; Respondent: Abhijit Sengupta; Respondent: Salish Vig
Jurisdiction
India
Judgment Date
06 May 2008
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Charitable Endowment, Debutter Property, Shebait Rights, Benami Transaction, Burden of Proof
Hindu Law Property Law Charitable Endowment Debutter Property Shebait Rights Benami Transaction Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sitaram Agarwal

Appellant

Subarata Chandra

Respondent

Damkrishna Ohara

Respondent

Archana Singh

Appellant

Vibhakar Mishra

Appellant

M. lndrani

Respondent

Abhijit Sengupta

Respondent

Salish Vig

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the suit property was debutter (dedicated to a deity) and if the Shebait could alienate it
  2. 2 Whether the transaction was benami in character or a mistake in naming the deity in the sale deed

Ratio Decidendi

The suit property was a debutter property in the name of the deity, managed by a Shebait, and could not be alienated by the Shebait for personal benefit; appellants failed to discharge the burden of proof that the dedication was incomplete or benami, and no substantial question of law arose; findings of fact by appellate and High Court are affirmed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Counsel's fee assessed at Rs.25,000/-