NABAGHAN NAIK Vs. SADANANDA DAS

JUDGEMENT

(1.) THIS is an application by some of the villagers of Ampore for quashing the order dated 5-1-70 of the Endowments Commissioner appointing O. P. No. 1 as the interim, trustee in respect of the religious institution known as Ampore Muth. This order of the Endowments Commissioner is appended to the application as annexure 3.

(2.) THE Muth is a public institution. It has four deities installed within its precincts. Vast landed properties have been endowed for their seba-puja and other purposes connected with the institution. One Adhikari Rama Krushna Das is the recorded marfatdar in respect of it. The said Marfatdar alienated the endowed properties by executing two sebasamarpan Patras. one in 1929 and the other in 1930, both in favour of one parameswar Das. The villagers challenged these alienations in T. S. No. 18 of 1942 and succeeded in getting a judicial declaration that those alienations were invalid. He again executed two Seba-Samarpan Patras in favour of O. P. No. 1. one on 172-68 for a consideration of Rs. 5,000/ -. and the second on 12-11-68 for Rs. 8,000/ -. These alienations were again challenged by the villagers in O. S. No. 45 of 1968, and a permanent injunction against opposite party No. 1 was sought for. In this suit a receiver has been appointed to manage the properties of the Muth.

(3.) THERE is no controversv that the aforesaid Muth is a public Hindu Religious institution which means that the dedication is for the use and benefit of the public.