KANTHA DHARI MATH TRUST Vs. SONA BISWAS

JUDGEMENT

(1.) This Judgment governs C.O. Nos. 679/1995, 680/ 1995,682/1995 ad 683/1995 arising out of the same facts and circumstances and the petitioner-plaintiffs being identical in all the four cases.

(2.) The petitioners are trustees appointed by the Court of learned District Judge, 24-Parganas in Suit No. 16/1987 in respect of the property including the temple and its deities and other adjoining properties popularly known as Kantha Dhari Math situated at 7, Roy Mathura Nath Chowdhury Street within Baranagar P.S. The name of the Math borrows its origin from the fact that Mahapravu Chaitanya Deva passed a night in that Math and was kind to leave behind his 'kantha' used by him in that Math.

(3.) All the cases arises out of Title Suits for eviction of the tenant/Opposite Parties. The members of the Trust Board instituted separate suit against five tenants. But during the pendency of those suits, the opposite Party Nos. 2 to 5 filed petitions before the learned. Munsif where the suits are pending, for adding them as party/defendants setting tip conflicting title to the Trust properly and also challenging the creation and legality of the Trust on the ground that the present members of the Trust Board by practising fraud on the Court obtained the decree for creation of the Trust and for their appointment as members of the Board of Trust. The learned Munsif allowed their prayers.