State of Orissa & Anr. Vs. Abani Ballav & Ors.
The Code of Civil Procedure, 1908 - Order XXIII Rule (3)
Orissa Hindu Religious Endowments Act, 1951, Section 19 - Religious Trust - Property of Deity - Compromise - In possession of respondent No. 1 and 2 since 1956 - Compromise entered into in Regular Second Appeal before High Court - Challenge as to - According to the Endowment Commissioner the Deity and the Math are in a neglected position and for want of funds, no improvements could be made - Deity is badly in need of money and having regard to the background of litigation, the property needs to be disposed of - After considering the suggestions made from all quarters and having regard to the offers made before this Court, having regard to the circle rate and market rate and having regard to more than five decades of the admitted occupancy by Respondent Nos. 1 and 2, the rate fixed at Rs. 2.75 crores for the entire property now occupied by Respondent Nos. 1 and 2 - Respondent Nos.1 and 2 given three months' time to deposit the amount - On such deposit, whatever rights available to Respondent Nos.1 and 2 in respect of property under Section 19 of the Act shall be transferred to them - Make clear that this Judgment is passed in the peculiar background of the case and the same shall not be treated as a precedent.
Topic(s)-Religious Trust - Property of Deity - Order to Deposit Amount