BANAMALI NEOGI Vs. ASOKE KUMAR CHATTOPADHYAY

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree awarded by the 2nd Court of the Additional District Judge, Midnapore to Title Appeal No. 30 of 1975.

(2.) The plaintiff filed the suit for a declaration that the disputed 'ka' schedule property is absolute debuttar property of the deities and the kobala mentioned in the plaint schedule in favour of defendant Nos. 1 to 5 is not binding on the deities. The plaintiff sued as a shebait of the deities.

(3.) One Satya Kinkar, father of the plaintiff by virtue of a registered Deed of Settlement on 30-l-1952 endowed 'kha' schedule property to the deities and appointed three sons figuring as plaintiff and defendant Nos. 6 and 7 as shebaits of the deities. The 'ka' schedule property is a part of 'kha' schedule property. The plaintiff was born on l-4-1951 and he attained majority on 1-4-1969. On attainment of majority he tried to take possession of the 'kha' schedule property. While defendant Nos. 1 to 5 refused to deliver a possession to the plaintiff it was disclosed that defendant No. 6 and his father Satya Kinkar as guardian of the minors viz. plaintiff and defendant No. 6 had transferred the property on 12-7-1966.