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1968 Supreme(All) 48

S.D.KHARE, YASHODANANDAN
Shanti Sarup – Appellant
Versus
Radhaswami Satsang Sabha, Dayalbagh Agra – Respondent


Advocates:
J. Swarup, G.S. Pathak, Chandra Shekhar Prasad Singh, for Appellant; G.D. Srivastava, Swami Dayal, Dojal Saran, Keshav Sahai, V.B. Singh, K.C. Dwevedi, K.C. Saxena, P.N. Katju, Sidheshwari Prasad, for Respondents.

Judgement

S. D. KHARE, J. :- An interesting point of law that arises for consideration in this appeal is whether a gift or dedication of movable property (Rs. 23,038 cash) could be made by a Satsangi of the Radha Swami faith (in the present case the Sant Sad Guru himself) to Radha Swami Dayal, the impersonal deity of Radha Swami Satsangis, and, if so, in whom would that property vest. It is also in dispute whether any such gift or dedication had, in fact, been made.

2. The property in dispute is a residential building, known as "Tej Punj" constructed in the year 1934 inside the Dayal Bagh Colony at Agra. It is the admitted case of the parties that the entire cost of the construction of the building was borne by Sir Anand Swarup (hereinafter described as "Shri Sahabji Maharaj". The construction became complete in the year 1935, and Shri Sahabji Maharaj along with other members of his family shifted to that building. Shri Sahabji Maharaj departed from this world on 24-6-1937. Thereafter his widow Lady Sohandei and other members of the family lived in that house. In the year 1953, when the suit, giving rise to this appeal was instituted, Lady Sohandei (defendant No. 1) and her son, Shan



























































































































































































































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