SAMIT PANI BRAHMACHARY Vs. MAYAPUR CHAITANYA MATH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated the 10th December, 1996 passed by a learned Judge of this Court in Extraordinary Suit No. 60 of 1987. Some of the defendants of the suit, namely, the defendant Nos. 3(a), 3(b), 4 and 6 are the appellants in this appeal.

(2.) The respondent No. 1, Mayapur Sree Chaitanya Math was the plaintiff No. 1 in the suit. That is a society registered on 16th May, 1978 under the West Bengal Societies Registration Act, 1961. The other plaintiffs of the suit were the office bearers and members of the said society and they also claimed to be the worshippers of the deities Sri Sri Guru Gouranga Gandharbika Giridhari Jew installed at Sree Chaitanya Math at Mayapur and also at various other places and some of them are disciples of late Bhakti Siddhanta Saraswati, the founder of Sree Chaitanya Math and its various branches. The plaintiffs filed the suit for declaration that the plaintiffs Nos. 2 to 11 and the defendants Nos. 7 to 11 were the only members of the lawfully constituted governing body of the plaintiff No. 1 and as such were solely and exclusively entitled to remain in control, possession, custody, management and administration of the said society, all its temples, maths, lands, buildings and other properties and affairs including Sree Chaitanya Research Institute at 70B, Rash Behari Avenue, Calcutta. The plaintiffs also prayed for further declaration in the suit that the defendants Nos. 1 to 6 had no right, title or interest in respect of the plaintiff No. 1 or its temples, maths, lands and buildings or in the said Sree Chaitanya Research Institute and had no right to manage, administer, control or possess the same. The plaintiffs also prayed for a permanent injunction restraining the defendant Nos. 1 to 6 from interfering with the rights, powers and functions of the governing body of the plaintiff No. 1 in connection with the management, control etc. of the plaintiff No. 1 and its movable and immovable properties and of the said Sree Chaitanya Research Institute. The plaintiffs further prayed in the suit for a declaration . . . . . . . . . . . . . . . .and that became the main battle ground of fight between the contesting parties in the suit . . . . . . . . . . . . . . . that the two deeds of appointment dated the 7th July, 1976 allegedly executed by Bhakti Bilash Tirtha Maharaj who was in control of the Sree Chaitanya Math at Mayapur, other Gaudiya Maths and Sree Chaitanya Research Institute till his death, were forged deeds and void, inoperative, ineffective and not binding on the plaintiffs including the Mayapur Sree Chitanya Math and Sree Chaitanya Research Institute. The suit was hotly contested by the contesting defendants.

(3.) The learned trial Judge in his impugned judgment held that both the said deeds of settlements dated the 7th July, 1976 (Exbs. B + C) were 4 forged and fabricated and were also inoperative. While dealing with the issue No. 9 relating to the question as to what relief the plaintiffs were entitled to the learned trial Judge recorded that Mr. Bachawat (the learned Advocate for the plaintiffs) while concluding his argument submitted that as the plaintiffs' main grievance was in respect of the forgery and fabrication as alleged in the plaint, he was not pressing for any decree save in terms of prayer (f) for cancellation of the alleged deeds of appointment and for costs and other reliefs as prayed for in prayers (k) and (l) of the plaint. It may be noted here that the prayer (k) was for costs and prayer (l) was for further or other reliefs. The learned Judge in disposing of the suit by his impugned judgment declared that the deeds of appointment dated the 7th July, 1976 (Exbs. B and C) allegedly executed by Bhakti Bilash Tirtha Maharaj were forged and fabricated documents and were void, inoperative, ineffective and not binding upon the plaintiffs including Mayapur Chaitanya Math and the Sree Chaitanya Research Institute. The learned trial Judge also permanently restrained the defendants from interfering with the affairs of Mayapur Sree Chaitanya Math as also Sree Chaitanya Research Institute on the basis of the said deeds of appointment. He however directed that there would be no order as to costs. The learned trial Judge further directed status quo in respect of the administration, management and control of the two institutions Mayapur Chaitanya Math and Sree Chaitanya Research Institute which was a part of the former like Gaudiya Math, until a board of management was formed in accordance with the will of Prabhu Pad Bhakti Saraswati dated the 18th May, 1923 read with the resolution passed by his disciples on 14th April, 1978 (Exb. F/3). However the learned Judge appointed Sri Anil Kr. Sen, a retired Chief Justice of this Court as special officer with peremptory power to call a meeting of the surviving Sanyasi' disciples of Prabhupad Bhakti Siddhanta Saraswati as also the Sanyasi disciples of Bhakti Bilash Tirtha Maharaj, etc. to form a governing body to act as joint trustees for running the administration, management and control of the Maths and temples, etc.