VidhiSangh

Supreme Court of India · 03/09/2019

THULASIRAMAN AND ANOTHER versus THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENT ADMINISTRATION AND ANOTHER

[2019] 11 S.C.R. 1125 · 2019 INSC 990

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Summary

The appellants claimed Bakers Choultry as private property subject only to private charitable duties. Its governing inscription required use of surplus funds to feed Brahmins during specified temple festivals and prohibited alienation. The Court held that the uncertain public beneficiaries and festival connection constituted religious charity, and dedication of income with restrictions on disposal established a specific endowment. The private-property claim was rejected.

Issues

  1. Whether the inscription created a religious charity and specific endowment under the Tamil Nadu Act.
  2. Whether sufficient divestment existed despite the appellants’ claim to ownership.

Provisions considered

Held

Result

The appeal was dismissed without costs and pending applications disposed of. The interim status quo order protecting possession was vacated.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 1125.