AIR 1967 ORISSA 90 ::33 CutLT 779 ::ILR (1967) Cut 469

Orissa High Court

Hon'ble Judge(s): R. K. Das, G. K. Misra , JJ

Hindu Law - Religious Trust - Absolute debuttor property - impartibility - Suit involving such property - Suit recognising right, title and interest of deity and not adverse to it - Deity not a necessary party to suit - Such portion of absolute debuttor property in which sebaits have no personal interest and no shares towards their emoluments, is not partible - Such portion in which Sebaits have personal interest towards their emoluments for managing temple is partible.AIR 1960 S. C. 100, Ref.;Mukerjea's Hindu Law of Religious and Charitable Trust (Second Edn.) pp. 222 to 224, Ref;(1906) ILR 29 Mad 283 (P. C.), Ref.AIR 1915 Cal. 161 (2) and AIR 1936 Mad. 294, Ref.AIR 1917 All. 123, Rel. on.AIR 1958 Orissa 65 Dist. (Para 6 7 8)