BHARATI MAJUMDAR Vs. BISWANATH MUKHERJEE

JUDGEMENT

(1.) This revisional application is at the instance of the defendant and it is directed against an order dated August 8, 1981 passed by the learned Subordinate Judge, Sixth Court, Alipore allowing Misc Appeal no 346 of 1981 and granting the plaintiff's prayer for temporary injunction after setting aside the order dated May 18, 1981 made by the learned Munsif, Forth Court, Alipore in Title suit no 118 of 1981.

(2.) The opposite party Biswanath Mukherjee filed the suit against the petitioner Sm. Bharati Majumder for declaration that the plaintiff had right to conduct the palas of Dhirendra Nath Mukherjee recorded in the same of his predecessor-in-interest Kshetrakali Mukherjee for the period of 11years from 1388 B.S. To 1389 B.S. with right to enjoy the income and usufructs of the said Palas for the said period. The plaintiff prayed for further declaration that the defendant had no right whatsoever to interfere with the plaintiff's right of carrying on or conducting the said palas. There was a prayer for permanent injunction. It was alleged that Dhirendra Nath Mukherjee was a Shebait of Goddess Kali of Kalighat Kali Temple. Plaintiff is also a shebait and he used to manage the Palas allotted to Dhirendra. Plaintiff paid Rs. 8000/- to Dhirendra on April 10,1980 and Dhirendra granted a receipt. Plaintiff is entitled to usufruct of Dhirendra's Palas from 1388 B. S. To 1398 B. S. Dhirendra died on July 22, 1980.

(3.) The plaintiff filed on application for temporary injunction restraining the defendant from interfering with the plaintiff's right to carry on and conduct Palas for the period mentioned above. The said application was opposed by the defendant. The contention of the defendant was that the transfer of Shebaiti interest as Paladar could not be made without a registered instrument. The defendant also denied the allegations of the plaintiff that he had purchased the right from Dhirendranath Mukherjee on payment of Rs. 8000/-.