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Nirmala Bala Ghose and anr. Vs. Balai Chand Ghose and ors. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1965SC1874; [1965]3SCR550
ActsCode of Civil Procedure (CPC), 1908 - Order XLI, Rule 33
AppellantNirmala Bala Ghose and anr.
RespondentBalai Chand Ghose and ors.
Excerpt:
.....endowed for purposes of deity mentioned in deed - on appeal supreme court observed that properties in deed were absolutely dedicated in favour of deity - wife was benamidar of her husband in respect of properties settled by deed as she had not appealed against this fact in any court - appeal dismissed in favour of respondent. - indian evidence act, 1872 sections 101-104 :[s.b. sinha, asok kumar ganguly & r.m. lodha,jj] burden of proof held, it falls in the realm of procedural law. enactment of provision providing for reverse burden is within the competence of legislature order34. following the judgment of the majority, appeals nos. 966 and 968 of 1964 are allowed with costs throughout. it is declared that the properties in deed ext. 11(a) were absolutely dedicated in favour of the deity sri gopal jiu. suits nos. 79 & 80 of 1954 will therefore stand dismissed. this will, however, be without prejudice to the concession made on behalf of nirmala that she was benamidar of her husband balai in respect of the properties settled by the deed ext. 11(a). appeal no. 967 of 1964 is dismissed with costs in favour of balai.
Judgment:
ORDER

34. Following the judgment of the majority, Appeals Nos. 966 and 968 of 1964 are allowed with costs throughout. It is declared that the properties in deed Ext. 11(a) were absolutely dedicated in favour of the deity Sri Gopal Jiu. Suits Nos. 79 & 80 of 1954 will therefore stand dismissed. This will, however, be without prejudice to the concession made on behalf of Nirmala that she was benamidar of her husband Balai in respect of the properties settled by the deed Ext. 11(a). Appeal No. 967 of 1964 is dismissed with costs in favour of Balai.


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