MAYAPUR SREE CHAITANYAMATH Vs. TRIDANDEESWAMI BHAKTIKUSUMSHRAMAN MAHARAJ

JUDGEMENT

(1.) THIS suit was filed on the 22nd December 1976 by Mayapur sree Chaitanya Math, a registered society and its General Secretary, secretary, Assistant Secretary, Treasurer and members against the defendants with leave under section 92 of the Code of civil Procedure, claiming, interalia, that they are the lawfully constituted governing body of the said Math and entitled to control, possession, management and administration of the same and its assets. A permanent injunction restraining the defendants Nos. 1 to 6 and their servants, agents has also been claimed restraining them from interfering with the management, control and possession of the said Math. It is further claimed that the two alleged Deeds of Appointment dated the 7th July 1976 executed by Bhakti Vilas Tirtha maharaj are void, inoperative, and not binding on the plaintiffs and that the said documents should be delivered up and cancelled. A further injunction, restraining the said defendants Nos. 1 to 6 from claiming or usurping the office of shebaits under the said Deeds of appointment has also been claimed.

(2.) IT is, inter alia, alleged in the plaint that the said Deeds of Appointment are forged and fabricated and that they are not signed or executed by the purported executant. It is also alleged that the said documents have been brought into existence falsely and fraudulently by the defendants with an intention to usurp the right of shebaitship and the management, control and custody of the said Math and the properties thereof.

(3.) IT is a matter of record that a written statement has been filed on behalf of the defendants contending, interalia, that this suit is not maintainable as framed as the plaintiffs do not have any interest in the seva-puja of the Deities concerned nor are they the disciples of tirtha Maharaj.