MAHANTA NAROTTAM DAS Vs. RAMA CHANDRA PATRA

JUDGEMENT

(1.) THE petitioner being the decree holder in E.P. No.2 of 1999 of the court of the Civil Judge (Junior Division), Paralakhemundi assails the order dated 30.07.2005 passed in the aforesaid case dismissing the execution proceeding.

(2.) FACTS of the case, which lead to filing of the writ petition are that the petitioner being a deity is represented by its Managing Trustee i.e. Mahanta Narottam Das, who is the disciple of Late Mahanta Bijay Krushna Das, according to the petitioner was the sole Managing Trustee of the properties of the deity.

(3.) IN the year 1967, there was an amicable partition of the properties left behind by the said Ogadhu including the suit property vide a registered partition deed dated 03.04.1967 between the said Dhanomani and the fostered son Gopinath, wherein the suit property fell to the share of Gopinath. After such partition, Gopinath sold the suit property to Dhanomani for consideration, vide Regd. Sale Deed No.1779/67 dated 29.06.1967, consequent whereupon Dhanomani became absolute owner of the suit property along with other properties that fall to her share in the aforesaid partition. Dhanomani executed a Regd. Willnama bearing Document No.16/67 dated 24.07.1967 bequeathing all her immovable properties including the suit property in favour of the petitioner Deity, who was installed by Dhanomani at her house, and appointed Board of Trustees for management of the Trust properties and as such, the petitioner deity became landlord of the suit property w.e.f. 24.07.1967. Thereafter, the opposite party recognized the Deity as landlord and paid a sum of Rs.300/ - towards rent.