KACHA KANTI SEVA SAMITY Vs. KACHA KANTI DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 1-4-1997 passed by a single Judge of the Gauhati High Court in Second Appeal No. 136 of 1985 filed by the appellants herein challenging the judgment and order dated 17-4-1985 passed by the Assistant District Judge No. 11 at Silchar allowing. Title Appeal No. 90 of 1983 filed by the respondents herein against the judgment dated 16-5-1983 of the Sadar Munsif No. 11 at Silchar dismissing Title Suit No. 889 of 1982 filed by the respondents herein.

(2.) The respondents herein filed Title Suit No. 88 of 1982 against the appellants herein for declarations that deity Sri Sri Kachakanti Devi installed in a temple at Udarband in Cachar District is their private deity gifted to one of their forefathers 200 years ago by the then King of Cachar-Maharaja Krishna Chandra Dhevaj Narayan; that they are the shebaits of the said deity which they inherited from their forefathers and that the defendants in the suit, namely, the appellants herein have no right to form appellant No. 1 Samity. They also prayed for permanent injunction against the principal defendants.

(3.) In support of their claim of shebaitship, the respondents/plaintiffs produced two documents. Exhibits 1 and 2, executed by the said Maharaja in 1824 in favour of one Sonaram Sarma. The respondents/plaintiffs further stated that in 1970 general public of Udarbhand formed a Committee known as "Mandir Construction Committee" and this Committee constructed boundary walls and temple for the deity and that the appellants/defendants were interfering with the enjoyment of their rights as shebaits of the said deity.