SRI TAPENDRO MULLICK Vs. KUMAR MRIGENDRO MALLICK, SINCE DECEASED, REPRESENTED BY HIS SON HIRENDRO MULLICK

JUDGEMENT

(1.) The matter has a chequered history. Shorn of unnecessary details, on February 21, 1887 a trust/settlement was created by one Raja Rajendra Mallick Bahadur by way of a Will, thereby dedicating several properties (including the present suit property) and creating a dubutter in the name of the deity Sree Sree Juggernath Jee, providing for performance of religious functions as well as charitable acts for the poor and less privileged from the funds of such trust.

(2.) The trustees of the said trust granted a lease in 1960 in favour of one Md. Ismail for a period of 21 years expiring on April 30, 1981. In or around August, 1970, Md. Ismail assigned the residue part of the lease to the defendant no. 1/opposite party no.4 by a deed of assignment.

(3.) The defendant no. 1/opposite party no. 4 instituted against the trustees/shebaits of the said trust a suit, bearing Title Suit No. 176 of 1981, seeking specific performance of an oral agreement dated August 16, 1980 whereby the trustees had agreed to extend and/or renew the lease for a further period of 70 years. The said suit was decreed ex parte, inter alia directing the trustees to execute and register a renewal lease in favour of opposite party no. 4 within 90 days.