LAKSHMI JANARDAN THAKUR Vs. PRABHAT KUMAR PAUL

JUDGEMENT

(1.) This is a suit at the instance of the receiver on behalf of the three deities namely, Sri Sri Lakshmi Janardan Sila Thakur, Sri Sri Vairabeswar Shib Thakur and Sri Sri Kailash Nath Shib Thakur appointed by this Court in connection with Administration Suit No. 2491 of 1948 for a declaration that premises No. 13, Sitaram Ghosh Street, Calcutta-9 (hereinafter to be mentioned as suit property) belonged to the deities and for cancellation of the deed of lease executed by defendant Nos. 2 to 4 in favour of original defendant No. 1 Padma Rani Paul since deceased and for further declaration that defendant No. 1(A) of the present suit never acquired any right of possession in any manner also for recovery of possession of the suit property from the said defendant. The plaintiffs have also prayed for injunction against defendant No. 1(A) restraining him or any other person claiming under him from interfering with the peaceful possession of the deities over the suit property and also for order holding enquiry as to ascertain damages/mesne profit to which the deities are entitled for wrongful possession of the suit property by original defendant No. 1 and thereafter by the substituted defendant No. 1(A).

(2.) The plaint case may be stated briefly in this way that one Kailash Chandra Dey by a deed of Arpannama dated 11th April, 1903 dedicated both immovable and movable properties of his own in the name of three deities already mentioned including the suit property and it was mentioned in the said Arpannama that during the life-time of Kailash Chandra Dey, he would be in charge of the seba puja of the deities and the properties dedicated as sebait and after his death one Haridas jointly with other successors of Kailash Chandra Dey would function as sebait in respect of seba puja and also look after the properties as per terms of the Arpannama.

(3.) Sometime in the year 1948 dispute arose regarding right of seba puja amongst the heirs of Kailash Chandra Dey which resulted in filing of Administration Suit No. 2491 of 1948 for removal of Krishna Chandra Dey and Kanai Lal Dey from the post of sebait and also for directions from the Court in the matter of administration of debutter estate and other ancillary matters.