RADHAGOVINDA JEW 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.) One Ogadhu Padhi was the absolute owner in possession of a building premises bearing assessment No.386/13 situated at Market Road in Municipal Ward No.13 in the town of Parlakhemundi. Vide Lease Deed Dated 01.03.1965, Ogadhu Padhi inducted opposite party no.1 as a tenant in respect of the suit property at a monthly rent of Rs. 80/-. Consequent upon the death of the said Ogadhu, his properties devolved upon his widow, Dhanomani as they had no issue, but a fostered son, Gopinath and the tenant opposite party attorned to Dhanomani and executed a Lease Deed dated 01.06.1966 agreeing to pay monthly rent at the rate of Rs.80/- per month for eleven months and at the rate of Rs.100/- per month in case of renewal of the lease deed after the stipulated period.