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Shri Jain Swaitamna Temples, Paushal ... vs Lata Jain on 28 February, 2025 cites

Birdhi Chand Jain Charitable Trust vs Kanhaiya Lal Sham Lal on 4 September, 1972

16. Coming back to the facts of the present case here the appellants have specifically stated through testimony of PW-1 that it is a trust looking after the Jain temple, whose reputation is all over the world and people from all parts of the world visit the temple due to its religious importance and the trust always remain short of the accommodation to be provided to its devotees and tourists and have to accommodate them to hotels, guest houses and dharamshalas situated elsewhere. The respondent being ex-parte, the claim and testimony of appellant goes unrebutted. For deciding this case, as held in Birdhi Chand Jain Charitable Trust Vs Kanhaiya Lal Sham Lal (supra), it is its work and place in the society that is the hallmark of an institution. In view of the unrebutted testimony of PW-1 there is no reasonable doubt that on the basis of the work being done by the appellant and the purpose for which the subject property is required, the appellant is a public institution. The Ld. Trial Court erred in holding the appellant to be a private institution on the basis of Ex.PW1/C, without appreciating the work being done by the appellant and the purpose for which they sought to get the subject property evicted.
Delhi High Court Cites 5 - Cited by 17 - Full Document

Mahant Shri Srinivasa Ramanuj Das vs Surajnarayan Dass & Anr on 6 May, 1966

11. The plea of the appellant is that it is a religious endowment belonging to Jain Swaitamna Murti Poojak Khartar Guoch Sect engaged in religious and charitable activities in the name of Sh. Jain Swaitamna Temples. It is further submitted that appellant had filed the eviction petition as appellant trust always remains short of the accommodation for its devotees and tourists and thus in need of the tenanted premises for its own bonafide use. As observed by the Court in Mahant Shri Srinivas Ramanuj Das v. Surajnaryaan Dass & Anr. (supra) in a public trust the beneficiaries of the trust are the people in general or some section of the people, while in the case of a private trust the beneficiaries are an ascertained body of persons.
Supreme Court of India Cites 14 - Cited by 11 - Full Document
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