Back
Calcutta High Court
M. M. DUTT AND C. K. BANERJI, JJ.
Amal Deb - Appellant
Versus
Biswanath Mitter - Respondents
Appeal No. Nil of 1983, Suits Nos. 1552 and 220 of 1968
Decided On : 19 August 1983
AUCTION SALE - TRUST PROPERTY - CONFIRMATION - CHALLENGED - VALIDITY - SHEBAIT - SALE TO - VALIDITY - SALE OF LAND WITH STRUCTURE - VALIDITY.
Fact of the Case:
An application was filed before the Calcutta High Court praying for the stay of the operation of the order confirming the sale of three parcels of land of the Radha Kanta Deb Trust Estate. The land was sold by the trustee to the Radha Kanta Deb Trust Estate of three parcels of land of the said Trust Estate assuring 9 cottahs, appertaining to premises No. 33/R, Raja Naba Kissen Street, Calcutta. The appellant, a Shebait, opposed the confirmation of sales alleging that the auction sales were not fair, genuine, and impartial. He also alleged that the prices at which the said three lots were sold are quite inadequate and that the sale of two lots to two Shebaits was illegal.
Finding of the Court:
The Calcutta High Court dismissed the appeal and the application. The court held that the auction sales were held quite legally and properly and that the order of the learned judge confirming the sales is affirmed. The court also held that the sale of two lots to two Shebaits was not illegal and that the sale of land with structure was also not illegal.
Issues: 1. Whether the auction sales were held quite legally and properly? 2. Whether the order of the learned judge confirming the sales is affirmed? 3. Whether the sale of two lots to two Shebaits was illegal? 4. Whether the sale of land with structure was also not illegal?
Ratio Decidendi: 1. The court held that the auction sales were held quite legally and properly as there was no evidence to support the allegations of illegality or irregularity. The court also held that the prices at which the said three lots were sold were not inadequate or less than the market price. 2. The court held that the order of the learned judge confirming the sales is affirmed as the appellant failed to bring the alleged illegality and irregularity in the holding of auction sales by the trustee to the notice of the court by any application for a period of over two years. 3. The court held that the sale of two lots to two Shebaits was not illegal as the shebaits had disclosed their identity as shebaits before they had bid at the sales and the property vests in the trustee and the shebaits are only to perform the Seva Puja, the costs of which are to be borne by the trustee from the trust estate in accordance with the direction of the settlor. 4. The court held that the sale of land with structure was also not illegal as no resistance was offered by the appellant at the time the sale was advertised and also when the sale was held. Further no step was taken by him in getting the sale of the lot concerned set aside by the learned Judge till it was confirmed.
Final Decision: The appeal and the application were dismissed with costs in favor of the trustee to be paid by the appellant.
M. M. DUTT, J.:- This is an application praying for the stay of the operation the order dt. April 19, 1983 of R.N. Pyne, J., whereby the learned Judge confirmed the sale by the trustee to the Radha Kanta Deb Trust Estate of three parcels of land of the said Trust Estate assuring 9 cottahs, appertaining to premises No. 33/R, Raja Naba Kissen Street, Calcutta.
2. Raja Sir Radha Kanta Deb Bahadur of Sova Bazar Rai family died leaving a Will and Testament dt. Aug. 3, 1863 whereby he created a Trust in respect of his properties and appointed one Ananda Krishna Bose and one Shyamlal Mitra, both since deceased, as his executors and trustees in respect of his said Will. It appears that a scheme was framed by this Court On Mar. 1, 1944, and the management and affairs of the Trust was carried on by the trustees under the said Scheme of Management. From time to time, such Scheme of Management was modified under the orders of this Court. Sunilendra Krishna Deb is the present trustee to the said Trust Estate. He has been appointed the sole trustee by this Court.
3. It is not disputed that Raja Radha Kanta Deb Bahadur installed some Deities in the temple or Thakur Bari situate at 33/R, Raja Naba Kissen Street, Calcutta. It is also not disputed that by the Will he made provisions for the appointment of Shebaits and the trustees were directed to meet all expenses of the Seba Puja of the Deities and other religious festivals. The temple or the Thakur Bari of the Deities has been in a dilapidated condition. In order to renovate the temple or Thakur Bari of the Deities, a prayer was made before this Court for the sale of a part of the Trust Estate so that the work of renovation or repair of the Thakur Bari could be done with the sale proceeds.
4. Padma Khastgir, J. by her order dt. Nov. 22, 1978 granted leave to the trustee to sell 12 Cottahs 9 Chittacks of vacant land divided into four lots, as shown in the plan- prepared by M/s. Talbot and Company, to the highest bidder by public auction. It is the case of the trustee that all the parties agreed that the sale would be conducted by the trustee from the office of his Advocate on record. Mr. R.N. Ghosh at 8/2, K.S. Roy Road, Calcutta. The sale was advertised once in the `Statesman and once in the Ananda Bazar Patrika for the sale of the said 12 Cottahs, 9 Chittacks of land comprising the said four lots situated at 33/R, Raja Nab Kissen Street, Calcutta on June 7, 1980. On that date, Sm. Gita Banerjee was the highest bidder in respect of Lot 1 comprising 2 cottahs 8 Chittacks and 35 sq. ft. of land, her bid being to the extent of Rs. 1,40,100/-,. that is to say, at the rate of Rs. 55,554/- per Cottah approximately. The highest bidder in respect of Lot 2 comprising 3 Cottahs 6 Chittacks 21 square feet of land was Sm. Mandira Mitra, her bid being Rs. 1,21,300/-, that is to say, at the rate of Rs. 35,802/- per Cottah approximately. Sm. Nandita Banerjee was the highest bidder in respect of Lot 3 comprising-3 Cottahs 2 Chittacks 40 Square feet of land, her bid being Rs. 1,02,300/- which means Rs. 32,476/- per Cottahs approximately. Lot 4 comprising 3 Cottahs 6 Chittacks 39 Square feet of land was not up for sale as there was an injunction granted by the Appeal Court restarting the trustee from selling the said Lot. Thus, out of 12 Cottahs 9 ChitKs of land only 9 Cottalis of land was to the said highest bidders. It may be stated here that the auction purchaser lot No. 1 Sm. Gita Banerjee is the mother-in-law of Sm. Nandita Banerjee who is a Shebait of the Deities. The auction purchaser of Lot No. 2 viz., Sm. Mandira Mitra, since deceased, was also a Shebait. The other Lot, i. e., Lot No. 3 was sold to Sm. Nandita Banerjee, a Shebait.
5. On Aug. 4, 1982, the trustee made an application before the learned Judge praying for confirmation of the sales. This prayer for confirmation of the sales was opposed by the appellant before us, viz., Amal Deb, a Shebait. In his affidavit opposing the confirmation o
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
