TMI Blog1968 (8) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... tank can be considered as a charitable institution within the meaning of those words in s. 2(E) of the Andhra Inams (Abolition Conversion into Ryotwari Act) 1956 (Act No. 36 of 1956) (to be hereinafter referred to as the Act). The Inam with which we are concerned in this case stands abolished under the Act. The appellant wants the property comprised in that Inam to be registered in his name. His contention is that prior to its abolition he was the/namdar of that Inam though he had the liability to repair the tank in his village from out of the income of that/nam. The Authorities under the Act have rejected 'Iris claim that he was the Inamdar of the Inam in question. They have come to the conclusion that the Inam was in favour of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re we are unable to uphold the contention of the appellant that it was a grant in favour of his family subject to the liability to. repair the tank. It appears that the ancestors of the appellant and at present the appellant is looking after the management of the tank. Mr. Narsaraju, learned Counsel for the appellant contended that even if we come to the conclusion that the Inam was granted for a charitable purpose, the object of the charity being a tank, the same cannot be considered as a charitable institution. According to him a tank cannot be considered as an institution. In support of that contention of his he relied on the dictionary meaning of the term 'institution'. According to the dictionary meaning the term 'instit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is but a caput mortuum, and some human agency is always required to take delivery of property and to apply it to the intended purposes. Their Lordships, with all respect to the High Court of Lahore, must not be 'taken as deciding that a juristic personality may be extended for any purpose to Muslim institutions generally or to mosques in particular. On this general question they reserve their opinion. We may at this stage state that the Act has not defined either the expression charitable institution or even institution . Therefore we have to find out the meaning of that term with reference to the context in which it is found. We must remember that the expression charitable institution is used in a statute which abolishes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es his tenth lecture to purtta . In the course of that lecture he again states that the construction of reservoirs of water is. classed by Hindu sages amongst the purtta and charitable works. In this connection he quotes from various treatises such as: (i) Ashwalayana Grihya Parishishta; (ii) Vishnu Dharmottara; (iii) Skanda Purana; (iv) Nandi Purana; (v) Aditya Purana; (vi) Yama; (vii) Mahabharata etc. etc. In Jamnabai v. Khimji Vullubdass and Ors.( I.L.R. [1890] 14, Bom., 1 at p. 9. 13 Sup. C1/68-9) Sir Charles Sargent Kt., C.J. while interpreting a will observed thus: We come to the latter part of clause 6, which directs the building of a well and avada , (cistern for animals to drink water ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rved: It has been held that though Mutts and temples are the most common forms of Hindu religious institutions, dedication for religious or charitable purposes need not necessarily take one of these forms and that the maintenance of sadabartas, tanks, seats of learning and homes for the disabled or the destitute and similar institutions are recognised by and well known to Hindu law and when maintained as public institutions, they must be taken to have a legal personality as a Matha or the deity in a temple has, and the persons in charge of the management would occupy a position of trust. From the above discussion it is seen' that under Hindu law a tank can be an object of charity and when a dedication is made in favour of a t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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