Supreme Court · 2009 INSC 886 · Decided 7 July 2009
Payappar Sree Dharmasastha Temple A. COM. v. A.K. Josseph & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 886 · [2009] 10 S.C.R. 762
- Case number
- CIVIL APPEAL No. 4138/2009
- Decided
- 7 July 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
Headnote
Travancore Cochin Hindu Religious Institution Act, 1950: s. 27 - Administration of temples - Respondent 1 obtained a C decree of declaration of his rights in temple properties in 1958 by filing a suit in which Board was not made party - Suit filed by Board in 1998 claiming to be owner of - Dismissed in view of earlier decree obtained by respondent 1 - Held : The decree of 1958 was not binding O and effective against the Board since it was necessary party and was not arrayed as party - High Court had not appreciated the evidence on. record - Matter remitted to High Court for
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