HADU MOHAPATRA Vs. RADHA BEWA

JUDGEMENT

(1.) The Second Appeal is by the defendants against a decree of affirmance. The suit was for a declaration that the plaintiff-respondent is the shebayat of the deity Ramachandi Thakurani installed at village Muktapur and for a permanent injunction restraining the defendants appellants from interfering with the plaintiff's possession over the plaint schedule lands measuring 2.02 acres.

(2.) The plaintiff's case was that one Krushna Mohapatra of village Nabaghanapur was the shebayat of the deity and was recorded as such in the settlement record of rights finally published in the year 1931. After his death, the shebayati right devolved on his son Hata Mohapatra who performed the sevapuja of the deity till he become old and infirm. As he had no son he made an oral gift of shebayati right in favour of his sister's son Purnanada Mohapatra who was one in the line of succession. He constructed a house for Purnananda at village Muktapur and entrusted the sevapuja of the deity to him. Purnananda remained in possession of the deity's property since 1947. He died unmarried in 1966. On his death, the plaintiff being his mother became the sole heir and successor to shebayati right. She appointed her nephews Bharat Mohapatra (PW 3) and Sudam Mohapatra (PW 1) and her brother-in-law Dama Mohapatra to perform the sevapuja of the deity successively till her marriage with PW 6 Arakhita Mohapatra in 1967. After marriage, she got the sevapuja of the deity performed by her husband till the date of suit. The plaintiff has been all along in possession of the property of the deity through her husband PW 6. In 1970 the defendants who are villagers of Muktapur demanded Rs. 40/- from the plaintiff towards the cost of an annual feast which was held in the temple of the deity on Chaitra Purnima day. As the plaintiff did not accede to the demand, the defendants started creating disturbance in her possession over the suit lands. When the defendants threatened to cut away the standing crops from the suit land in 1970-71, PW 6 Arakhita Mohapatra, the husband of the plaintiff instituted a proceeding under Section 145. Cr. P. C. against them. The proceeding terminated in favour of the defendants on 10-2-1972. Then the plaintiff filed the suit for the aforesaid reliefs.

(3.) The case for the defendants was that after the death of Krushna Mohapatra, his adopted son Hata Mohapatra performed the sevapuja of the deity till his death. Thereafter there was none to perform the sevapura of the deity for some time. Hence the villagers brought Purnananda Mohapatra from his native place at Sankhei in the year 1952 or 1953 when he was aged about twelve years. Purnananda continued to perform the sevapuja of the deity till his death. But he was never in possession of the deity's property. The allegation that the plaintiff got the sevapuja of the deity performed through Bharat Mohapatra, Sudam Mohapatra and Dama Mohapatra was denied. The plaintiff's marriage with PW 6 Arakhita Mohapatra was also denied. It was contended that the plaintiff was neither the shebayat of the deity nor she was in possession of the deity's property at any time. It was alleged that the villagers of Muktapur have all along been in possession of the suit land and they have been meeting the expenses of the sevapuja out of the usufructs of the deity's lands. After the death of Purnanada Mohapatra. the villagers engaged defendant No. 5 Khali Dalabehera as a sebasi and he has been performing the sevapuja of the deity.