possess any property of his own. Properties of Math/Peeth were held by him in Trust and not as personal property, hence could not have ... litigations regarding affairs of Math/Peeth in question. Properties belong to Krishnanand Trust, has got distinct entity and those properties do not belong to Jyotirmath
Danayya Math had three children
namely, Sri. Gurulingayya Math, Sri.Sidramayya Math
and Smt. Bhagirathi Bai. The above said
Sri.Gurulingayya Math was married ... Danayya Math had three
children namely, Sri. Gurulingayya Math,
Sri.Sidramayya Math and Smt. Bhagirathi Bai. The
above said Sri. Gurulingayya Math was married
owner of the property, he could not execute the Will
treating the same as 'his property' so as to bring the document
within ... purported Will does not contain any disposition of property and,
therefore, also the document in question cannot be treated as Will
requires consideration.
In this
property bearing C.T.S. No.2355
was the ancestral property of Rachota Swamy Guru
Annadana Swamy Viraktamath. He bequeathed this
property under a Will ... successor of the Math. The said Will contained a
stipulation that the bequeathee had no right to transfer or
alienate the property bequeathed
deity Sri Sri Laxminarayan
Jew Mastaram Math, Cuttack. Thus, the inescapable conclusion is
that the properties belong to Math. The institution is an indexed ... well as Commissioner of Endowments will not improve the case. As
held above, the properties belong to Math.
7
11. The decisions relied upon
Maheshwar Singh And Another vs State Of Himachal Pradesh And Others on 31 August, 2017
The Commissioner Of Income ... vs M/S Sahu Investment Mutual Benefit ... on 3 March, 2017
injunction in favour of the petitioners
who have no interest in the property. Even
assuming that they had any possession,
their possession is wholly unlawful ... owner."
(p.550)
25. Hon'ble Apex Court in Kashi Math Samsthan
& Anr. vs. Srimad Sudhindra Thirtha Swamy
virtue of his office,
certainly the cause of action for the suit will survive,
8 AIR 1950 Pat 184 : (1949) ILR 28 Pat 989.
Page ... possession by a mahant of an
asthal or math, or by a shebait of a debottar property,
and the defendant is adjudged
injunction in favour of the petitioners
who have no interest in the property. Even
assuming that they had any possession,
their possession is wholly unlawful ... owner."
(p.550)
.
26. Hon'ble Apex Court in Kashi Math Samsthan
& Anr. vs. Srimad Sudhindra Thirtha Swamy
