BIDHU BHUSAN CHOWDHURY Vs. SUSAMA MOYEE DEBI

JUDGEMENT

(1.) THE present revisional application has been filed against Order No. 40 dated 9/7/83 passed by the Learned Munsif, 1st Court at Malda in Miscellaneous Case No. 28 of 1981 arising out of Execution Case No. 8 of 1980.

(2.) BY the impugned order the Learned Munsif has dismissed the misc. case, under Section 47 of the Code of Civil Procedure. It tranpires from the said order that Smt. Susama Moyee Debi filed an execution case against 13 persons in connection with O. C. Suit No. 12 of 1980. She filed the execution case bearing no. 8 of the 1980 as a legal representative of Prafulla Ch. Sanyal, since deceased, who was a Shebait of the Deity sri Sri Madan Mohan Thakur Deb Jew on 6/5/81. Bidhu Bhusan Chowdhury one of the Judgment-Debtors of the said execution case filed an objection which was registered as Misc. Case No. 28 of 1981. The contention of the petitioner/judgment-debtor is that the O. P. /decree-holder has no locus standi to file the execution case as she is not a Shebait of the Deity. His further contention is that the Opposite Party has no locus standi to become a Shebait after the demise of Pafulla Chandra Sanyal. The management of Debattar Estate and the Debi-Seva has been going on by trust committee and neither Prafulla Chandra Sanyal nor Susama Moyee Debi acted as Shebait of the Deity and as such Susama Moyee Debi is not entitled to proceed with the execution proceedings.

(3.) THE Opposite Party/decree-holder contested the case stating inter alia that the alleged Trust Committee has no existence. Prafulla chandra Sanyal was accepted as Shebait and the O. C. Suit No. 12 of 1960 was filed by Prafulla Chandra Sanyal praying for injunction to restrain the members of the Trust Committee from interfering with "deb Puja" as Shebait of Deity. An appeal was preferred against the decision dismissing the suit, being O. C. No. 35 of 1963 and the said appeal was allowed in his favour. The members of the Trust Committee were permanently restrained from interfering with the acts and activities of Prafulla Chandra sanyal as a Shebait of the said Deity. Against the judgment and decree of O. C. Appeal No. 35 of 1963, the members of Trust Committee preferred a Second Appeal bearing No. 1509 of 1965 before the Hon'ble Court and the said appeal has also been dismissed. After the demise of Prafulla chandra Sanyal his mother was appointed as Shebait of Deity and accordingly she had filed the present execution case. It was also stated that when Jyotindra Nath Moitra became a Shebait of Sri Sri Madan Mohan thakur Deb Jew, he executed a Deed of Indenture on 4/1/1954 appointing prafulla Chandra Sanyal and by forming a Committee consisting of Amarendra nath Moitra, Jamini Kumar Lahiri and Dr. Binod Pal for effective deb Seva and management of Debattar Property. After Prafulla Chandra sanyal was murdered, his mother has succeeded as a Shebait and the petitioner/judgment-debtor has no right to make Seva Puja of the Deity.