Religious endowment - Private trust - Private and public trust - Distinction between.

Citation

AIR 1957 SUPREME COURT 133

SUPREME COURT

4th October, 1956

B. JAGANNADHADAS, J., T. L. VENKATARAMA AYYAR, J., B. P. SINHA, J. and S. K. DAS, J.

Civil Appeal No. 250 of 1953, D/-4-10-1956

Deoki Nandan v. Murlidhar and others

(From S.A.No.365 of 1945 D/-14 -7-1948, Audh, Lucknow.) (A) Hindu Law - Religious endowment - Dedication -

Scope of - Mixed question of law and fact.

Civil P.C. (5 of 1908), S.100, S.101 -

The question as to the scope of the dedication is a mixed question of law and fact, the decision of which must depend on the application of legal concept of a public and a private endowment to the facts found.

Anno: A.I.R. Com., C.P.C., Ss. 100-101, N.28,37. (Para 4)

(B) Hindu Law - Religious endowment - Private trust - Private and public trust - Distinction between.