STATE OF WEST BENGAL Vs. ISWAR DAMODAR JEW

JUDGEMENT

(1.) This second appeal is by the State of West Bengal, the defendant in the original suit against the judgment and the decree of the Additional Subordinate Judge, Midnapore in the first appeal setting aside the judgment and the decree of the trial Court of the Munsif at Ghatal and decreeing the suit of the plaintiff-respondent Sri Sri Iswar Damodar Jew which was dismissed on contest by the trial Court.

(2.) The allegations made in the plaint may be stated in brief. The plaintiff Sri Sri Iswar Damodar Jew was the family Deity of Sarat Chandra Pramanik. During his lifetime Sarat Chandra Pramanik was the shebait of the Deity. The suit properties, several plots of land mentioned in Schedule to the plaint were purchased by the Deity, Sri Sri Iswar Damodar Jew with the money of the Deity's fund created by the said Sarat Chandra as shebait from one Satish Chandra Chattopadhyay by a registered deed of sale dated the 30th Baisak, 1354 B.S. The said properties have always been treated as absolute debuttor properties and the usufructs of the suit lands are being used for the religious performance and sheba puja of the said Deity. At first the settlement department assessed no rent for the suit lands treating them as absolute debuttor properties, but subsequently assessed rents for the suit lands behind the back of the plaintiff's shebaits Bankim Chandra Pramanik and others who are the heirs of the previous shebait Sarat Chandra Pramanik. It has been alleged in the plaint by the shebaits representing the Deity that the entries regarding the assessment of rent for the suit lands are wrong as the properties are absolute debuttor properties not assessable according to the provisions of the West Bengal Estates Acquisition Act. 1954. As the Tahsildar of the State threatened that he would realise rent, the present suit has been filed after service of notice under Section 80 of the Code of Civil Procedure praying for a declaration that the suit properties are absolute debuttor properties and that the State is not entitled to realise any rent in respect of the said properties which are exempted from assessment of rent. There is also a prayer for a permanent injunction restraining the defendant-State from realising rent relating to the suit properties and from issuing any certificate for any realisation of rent.

(3.) Amongst several pleas, the State represented by the Additional Collector, Midnapore has stated in the written statement that it is incorrect to state that the disputed properties were purchased by the Deity, that the same are the absolute debuttor properties and that the disputed properties are entitled to be exempted from payment of rent under the West Bengal Estates Acquisition Act. The statement that the assessment of rent waft made without the knowledge of the plaintiff has been challenged. The right, title, interest and possession of the plaintiff in the suit land have been disputed. In short, the defence case is that the properties are not debuttor and that the assessment of rent has been correctly and legally made.