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2000 Supreme(SC) 130

D.P.WADHWA, S.SAGHIR AHMAD
Valivalam Desikar Chatram Trust – Appellant
Versus
Assistant Commissioner (Land Reforms) – Respondent


ORDER

Tamil Nadu Land Reforms Special Appellate Tribunal constituted under Section 77C of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act categorically held that Trust in question was not a public religious trust as defined under Section 2 of the Act as on 1.3.1972 on which date the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) (Third Amendment) Act came into force.

2. Tamil Nadu Land Reforms Special Appellate Tribunal looked into the oral and documentary evidence and considered the statement of the Manager of the Trust recorded by the Land Tribunal. The Manager had stated that there were no entries in the records of the Trust to show that the paddy grown by it was being used for the performance of the puja or for other religious purposes. The account books maintained by the Trust for the period from 1.4.1986 to 31.3.1989, and for the period from 1985-86 to 1988-1989 as also from 1989-90 to 1991-92 were examined. It was thereafter held that there was no evidence to prove that the income was being spent on charity or that Trust in question was a public religious trust.

3. The corrigendum appended to the deed of trust was executed on 1.7.1981 in which the charities



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