Supreme Court of India
Sappani Mohamed Mohideen & Anr. v. R. V. Sethusubramania Pillai & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result the appeal is allowed and the judgment of the High Court is set aside and that of the Subordinate Judge is restored subject to the direction that the suit ·property will be impressed with the obli gation to perform the charities mentioned in clause 9 of the partition deed of 1882 and the plaintiffs' suit stands dismissed.
Judgment, page 15
From the headnote
Religious Endowmeut-WMther absolute_ or partial-Tests for dnermillin: In J 882 tn:re was a partition of ance stral properties amongst 5 b means of a 'partition deed Three of the 5 brothers took the properties rothe_rs by jn the relevant schedules for enjoyment severally, and certain propcrric, '!'nt,kned for enjoym:nt in cOmmon. Two brothers K and V were enjoying ihe·cre tPt jointly. CJ•us.e 1 of the deed eJtcli!ded from. partitio~ the properties 5~~fi~''' certain cbuses . One of the clal;lscs ts cl: 8 wht_ch dcscnbes certain charity P ' 1" and provides that the propert tes mentaoncd tn the
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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