RAMA CHANDRA PANDA Vs. LOKNATH PANDAQ

JUDGEMENT

(1.) This appeal is by the plaintiff against a reversing judgment.

(2.) The plaintiff-appellant and his brother, Rama Kanta Panda (since dead) instituted the suit for declaration of title in respect of 12 days sebapalis of Sri Sri Bimala Thakurani in the temple of Lord Jagannath, Puri, confirmation of possession, recovery of possession in the event dispossession, permanent injunction and for a declaration that the deed of transfer executed by defendant no.5 in favour of defendant no.1 on 19.8.1975 is illegal and void. The case of the plaintiff is that the plaintiff and defendants no.1 to 10 are the sebayats in the temple of Sri Sri Bimala Thakurani installed inside the temple premises of Lord Jagannath, Puri. The disputed 12 days palis belonged to one Fakira Panda, who was also known as Naran Panda in the branch of Daru Panda. Fakira Panda had adopted one Narasingha Panda. Plaintiff is son of Narasingha Panda. The plaintiff inherited the disputed 12 days palis from his ancestors-Fakira Panda and Narasingha Panda. He is performing the said 12 days palis in his own right in the temple of Sri Sri Bimala Thakurani. Defendant no.5, Ratnamani Dibya, wife of late Gopabandhu Panda illegally transferred the disputed 12 days palis in favour of Lokanath Panda, defendant no.1 by means of a registered "Seva Samarpan Patra" on 19.8.1975. When the defendant nos.1 to 4 interfered with rights of the plaintiff over the disputed 12 days palis, the suit was instituted seeking the relief mentioned supra.

(3.) The defendants 1 to 4 filed the written statements denying the assertions made in the plaint. The case of the defendants 1 to 4 is that Gopabandhu Panda, husband of defendant no.5 was also known as Fakira Panda. The disputed 12 days palis were the self-acquired properties of the said Gopabandhu Panda. After his death, the said palis were inherited by his widow, defendant no.5 and his minor children, defendant nos.6 to 8. Thus, defendant no.5 was competent to transfer the said 12 days palis. She executed a registered "Seva Samarpan Patra" on 19.8.1975 in favour of defendant no.1 for self and on behalf of her minor children. It is further pleaded that Naran Panda @ Fakira Panda died in the year 1916. Since Gopabandhu @ Fakira Panda, husband of defendant no.5 was alive in the year 1937, his name was recorded with respect to 12 days palis in the R.O.R. as Fakira Panda's palis. So on the strength of "Seva Samarpan Patra", they have right, title and interest over the said 12 days palis in the temple of Sri Sri Bimala Thakurani.