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Supreme Court of India 2019-09-03 dismissed

M.J. Thulasiraman and Another vs Commissioner, Hindu Religious & Charitable Endowment Administration and Another

Bench: 3 — N.V. Ramana

In Brief

The appellants challenged orders declaring that the 'Bakers Choultry' at Mylapore, Chennai is a specific endowment under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, and not their private property. The Court upheld the lower courts' findings. A rock inscription in the choultry, dating to 1834, mandates feeding Brahmins during specified Hindu festivals. The Court held this constitutes a valid 'specific endowment' benefiting the public in connection with religious festivals, satisfying the Act's definitions. Valid divestment occurred through restrictions on alienation and dedication of funds for charitable purposes. The Court also noted the predecessor's inconsistent positions—earlier claiming it was a trust endowment, later claiming private property—which weighed against the appeal. The appeal was dismissed."

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Religious Endowments Hindu Law Property Law Charitable Trusts Trust Law

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