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1965 Supreme(SC) 104

J.C.SHAH, R.S.BACHAWAT, K.SUBBA RAO
Nirmala Bala Ghose – Appellant
Versus
Balai Chand Ghose – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, S.V.Gupta

J.C.SHAH, J. (for himself and K. Subha Rao J.)

(1) THIS group of appeals arises out of suits Nos. 79 and 80 of 1954 and 67 of 1955 filed by the first respondent Balai Chand Ghose (who will hereinafter be called `Balai`) in the court of the Eighth Subordinate Judge, Alipore, District 24-Parganas, West Bengal. In Suits Nos. 79 and 80 of 1954 Balai prayed that he be declared owner of the properties described in the schedules annexed to the respective plaints. In suit No. 67 of 1955 he claimed that it be declared that his wife Nirmala, is a benamidar for him and that the deed of dedication dated 15/09/1944 did not amount to an absolute dedication of the properties in suit to the deities Sri Satyanarayan Jiu & Sri Lakshminarayan Jiu and that the plaintiff is the sole Shebait of the two deities. The Trial court decreed suits Nos. 79 & 80 of 1954 holding that the plaintiff was the owner of the disputed properties and the deed of endowment Ext. 11 (a) executed on 8/03/1939 by Nirmala was `sham and colourable`. In suit No. 67 of 1955 the Subordinate Judge declared that Nirmala was a benamidar of Balai of the properties in suit and the deed of endowment dated 15/09/1944
































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