LAKSHMI THAKURANI Vs. TRISHNA DEY

JUDGEMENT

(1.) The plaintiff has filed the instant application being GA 2 of 2020 under Chapter XIIIA of the Original Sides Rules of this Court for final Judgment against the defendant for eviction, recovery of khas possession and for mesne profit with interest.

(2.) As per the case of the plaintiff, Municipal Premises No. 117, B.K Pal Avenue, P.S- Jorabagan, Kolkata - 700 005 along with four storied brick built building standing thereon was originally belonged to one Sambhu Kumar Pal, who had dedicated the said property to the deity in the name of Sri Sri Lakshmi Thakurani by way of a deed of declaration dt. 29/5/1963 and accordingly the said property is called as debutter property. In the said deed of declaration, Sambhu Kumar Pal has appointed himself as a first Shebait of the said deity and it was also provided that after his demise, his wife Shanti Bala Pal and his son Shyamal Kumar Pal will succeed the office of the Shebaits. It was also provided that on the death of any one of the Shebaits, the survivor shall continue to act as sole Shebait. The settler as well as his wife has expired, Shyamal Kumar Pal has become the sole Shebait of the deity, Sri Sri Lakshmi Thakurani.

(3.) One Maran Krishna Pal Chowdhury was the tenant under the plaintiff in respect of a flat comprising of two rooms, one kitchen and a bath and privy admeasuring about 400 square feet situated on the back side of the ground floor of the debutter property on a monthly rent of Rs.160.00 per month. Mr. Maran Krishna Pal Chowdhury died sometimes in the year 2008 leaving behind his widow and his daughter (defendant herein) as his legal representatives. After the death of original tenant, the wife and the daughter were continuing with the possession of the said premises. In the month of January 2018, the widow of the original tenant died leaving behind the defendant herein.