BAKUL CHANDRA CHAKRABORTY Vs. GIRIBALA DEBI

JUDGEMENT

(1.) By this revision petition under section 115 of the Code of Civil Procedure, the petitioner is assailing the legality or otherwise of the judgment and order dated 22.11.2002 passed by the learned District Judge, South Tripura, Udaipur in Civil Misc Appeal No. 11 of 2002 affirming the judgment and order dated 3.10.2002 passed by the trial Court dismissing the application for temporary injunction filed by the respondent herein.

(2.) Heard Mr. H. Sarkar, the learned counsel for the petitioner. I have also heard Mr. B. Das, learned senior counsel for the respondents.

(3.) To appreciate the controversy involved in this case, the material facts of the case may be briefly stated. The plaintiff-respondents (hereinafter called the respondent) filed Title Suit No.20 of 2002 before the learned Civil Judge (Senior Division), South Tripura, Udaipur against the defendant-petitioner for declaration that the respondent is entitled to 2 annas share of the priestship for the Shiva Puja of Sree Mata Tripura Sundari Devi in a year and also declaration that she is entitled to choose from the priest family to do such Shiva Puja on her behalf with aperpetual injunction to restrain the petitioner and his men from performing Shiva Puja on her behalf with a further declaration that the registered sale deed dated 24.11.84 executed by her in favour of the petitioner is void and inoperative. The respondent also prayed for temporary injunction to restrain the respondents from performing the Shiva Puja pending disposal of the suit. The learned Civil Judge by the judgment and order dated 3.10.2002 in Civil Misc No.25 of 2002 dismissed the application. Aggrieved by the same, the respondent preferred an appeal being Civil Misc Appeal No. 11 of 2002 against the said judgment and order. The learned District Judge by the impugned judgment and order disposed of the appeal allowing the petitioner to perform the Shiva Puja and directing him to pay a sum of Rs.500/- (Rupees five hundred only) per month to the respondent out of the income earned from performing the Shiva Puja. It is against this order that the petitioner has filed the instant revision petition.