SUBIR KUMAR DEB Vs. JYOTIRINDRA NATH DEB

JUDGEMENT

(1.) This suit was filed by Subir Kumar Deb and three others as trustees of Anath Nath Deb Trust Estate against Jyotirindra Nath Deb and four others, the last of whom Sikharendra Nath Deb was a trustee who refused to join with the Plaintiffs for a mandatory injunction directing the Defendants Nos. 1 to 4 to provide independent drains for the passage and/or discharge of water, filth, sewage and other obnoxious matters arising or issuing out of the portion of the premises 67D, Beadon. Street, Calcutta, mentioned in the plaint and to stop, prevent the passage and/or discharge any such water, filth, sewage or obnoxious matters as aforesaid by or through the said underground drain situate, lying in and/or appertaining to the portion of the premises No. 67D, Beadon Street, Calcutta, purchased by or on behalf of the said trust estate under the Indenture dated January 25, 1933 and now belonging to the present trustees of the trust estate; a permanent injunction restraining the Defendants 1 to 4 by themselves, their servants, agents representatives and/or assigns from discharging and/or passing or allowing or permitting or causing to be discharged and/or passed any water and/or filth and/or sewage and/or any other obnoxious matters issuing out of or from their portion of the said premises No. 67, Beadon Street, Calcutta, by or through the said underground drains situate, lying in and appertaining to the portion of the premises No. 67D, Beadon Street, Calcutta, purchased by, or on behalf of the trust estate under the said Indenture dated January 25, 1933 and committing or continuing to commit any such acts of trespass or nuisance as mentioned in the plaint, damages, enquiry into damages, declaration that the Defendants have no rights of easements and other incidental reliefs.

(2.) One Anath Nath Deb died intestate seized and possessed of considerable properties and leaving him surving five sons namely, Tripath Nath Deb, Pasupati Nath Deb, Nripati Nath Deb, Sripati Nath Deb all since deceased and Bhupati Nath Deb as his heirs and legal representatives under the Bengal school of Hindu law. On September 23, 1919, the said Tripath Nath Deb, Pasupati Nath Deb, Nripati Nath Deb, Sripati Nath Deb and Bhupati Nath Deb created a trust of certain immoveable properties belonging to them including premises No. 67D, Beadon Street, Calcutta, for religious and charitable purposes. The trust estate was known as Anath Nath Deb Trust Estate. The original trustees were the settlors, Tripath Nath Deb, Pasupati Nath Deb, Bhupati Nath Deb, Nripati Nath Deb and Sripati Nath Deb. In or about 1933, Bhupati, Nripati, Sripati, Nirojendra Nath Deb son of Tripath Nath Deb and Surhid Nath Deb son of Pasupati Nath Deb were the trustees of the said Anath Nath Deb Trust Estate.

(3.) A strip of land measuring by estimation one cottah six chat tacks fifteen square feet, a part of 67E Beadon Street, Calcutta, situate to the south of the trust premises No. 67D Beadon Street, practically formed part of the Thakurbati situate on 67E Beadon Street and was used as such all along.