LAWS(CAL)-2016-6-45

KISHORI MOHAN DAS Vs. SWAPAN KUMAR DAS

Decided On June 13, 2016
KISHORI MOHAN DAS Appellant
V/S
Swapan Kumar Das Respondents

JUDGEMENT

(1.) The Court : Mr. Baral is very much vocal in his submission that unless the entire debuttar estate is promoted and the premises where the deity is installed is thoroughly repaired and renovated, it is very difficult to manage and administer the daily seva puja of the deity. My attention is drawn to the fact that the debuttar estate comprises of five buildings, in one of which the deity is installed. The shebaits are also residing in those buildings along with the tenants inducted therein. Mr.Baral submitted that the entire debuttar estate should be promoted and developed by engaging developer/promoter. According to him, if such arrangement is made, the premises where the deity is installed would be thoroughly repaired which is in somewhat dilapidated condition and it would be helpful to the shebaits to perform the seva puja of the deity.

(2.) Admittedly, the Official Receiver has been appointed by this Court and the debuttar estate is in his custody and possession. The minutes of the meeting dated 15th August, 2008 has been handed over to the Court wherefrom it appears that such meeting was called for the purpose of enhancing the rent of the existing tenants to augment the income of the debuttar estate so that the seva puja of the deity can be performed without any restrictions. Mr.Baral, who was personally present in the said meeting, submitted, on instruction, from his client that his clients do not want the revision of the rent from the tenants.

(3.) This Court asked Mr.Baral that if the existing rents are enhanced whether that would be sufficient enough to repair the premises where the deity is installed. The avoidance to such query is apparent and evident. Mr.Baral is still insisting that the property should be developed and promoted with the help of the promoter and any other suggestion is not acceptable to his client. It appears that the meeting was lastly held on 15th August, 2008 in this regard.