Back
High Court Of Calcutta
M. M. Dutt, Monoj Kumar Mukherjee
TRIDANDEESWAMI BHAKTI KUSUM SRAMAN MAHARAJ - Appellant
Versus
MAYAPORE SREE CHAITANYA MATH - Respondent
Suit 939 Of 1978
Decided On : 04/22/1983
LEAVE UNDER CLAUSE 12 OF THE LETTERS PATENT - SUIT FOR LAND OR OTHER IMMOVEABLE PROPERTY - JURISDICTION OF THE HIGH COURT - PRIMARY OBJECT OF THE SUIT - CANCELLATION OF DEEDS OF APPOINTMENT - ADJUDICATION ON TITLE TO LAND OR BUILDINGS - TEST.
Fact of the Case:
The plaintiffs, Mayapur Sree Chaitanya Math and its members, filed a suit for a declaration that the impugned deeds of appointment, executed by the settler, were invalid and void, and for an injunction restraining the defendants from interfering with the management and control of the disputed properties. The plaintiffs claimed that the disputed properties belonged to the Math and that the defendants had no right, title, or interest in them. The defendants contended that the suit was a suit for land and that the High Court had no jurisdiction to try the suit as no part of the land was situate within the ordinary original jurisdiction of the High Court. They also contended that the leave granted under Clause 12 of the Letters Patent and Section 92 of the Civil Procedure Code was not justified.
Finding of the Court:
The High Court held that the suit was a suit for land and that the High Court had no jurisdiction to try the suit as no part of the land was situate within the ordinary original jurisdiction of the High Court. The Court also held that the leave granted under Clause 12 of the Letters Patent was not justified as the primary object of the suit was to obtain an adjudication on title to land or immoveable property.
Issues: 1. Whether the suit was a suit for land or other immoveable property within the meaning of Clause 12 of the Letters Patent? 2. Whether the High Court had jurisdiction to try the suit? 3. Whether the leave granted under Clause 12 of the Letters Patent was justified?
Ratio Decidendi: 1. The Court held that the suit was a suit for land or other immoveable property within the meaning of Clause 12 of the Letters Patent as the primary object of the suit was to obtain an adjudication on title to land or immoveable property. 2. The Court held that the High Court had no jurisdiction to try the suit as no part of the land was situate within the ordinary original jurisdiction of the High Court. 3. The Court held that the leave granted under Clause 12 of the Letters Patent was not justified as the primary object of the suit was to obtain an adjudication on title to land or immoveable property.
Final Decision: The appeal was allowed. The judgment and order of the learned Judge appealed from were set aside. The leave under Clause 12 of the Letters Patent and also under Section 92 of the Civil Procedure Code was revoked. The plaint was ordered to be returned to the Advocate on record of the plaintiffs for presentation to the proper Court.
( 1 ) THIS appeal has been preferred by the defendants Nos. 1 to 6 against the judgment and order dt. December 11, 1979 of the learned trial Judge refusing to revoke the leave under Clause 12 of the Letters Patent and also under Section 92 of the Civil P. C.
( 2 ) MAYAPUR Sree Chaitanya Math, a society registered under the West Bengal Societies Registration Act, 1961 and 10 members of its Governing Body are the plaintiffs. Defendant Nos. 7 to 11 are also the members of the Governing Body of the Society. The case of the plaintiffs is that on March 27, 1918 Sree Chaitanya Math was founded by one Bimala Prosad Dutta, also known as Shrila Bhakti Siddhanta Saraswati. By his will dated May 18, 1923 he dedicated all his properties, moveable and immoveable, to the deities Sree Sree Guru Gouranga Gandharbika and Giridhari Jew installed at Sree Chaitanya Math at Mayapur. He died on January 1, 1937.
( 3 ) AFTER the demise of the said Bimala Prosad Dutta, a dispute arose among the shebaits, namely, Kunja Behari Das Bidyabhusan and Paramananda Brahamachari on the one hand and Ananta Vasudeb Brahmachari on the other. It may be staled here that the said Ananta Vasudeb Brahmachari registered a society named, Gaudiya Mission Society, under the Societies Registration Act. The said Kunja Behari Das Bidyabhusan and Parmananda Brahmachari filed a suit in this Court being Suit No. 2159 of 1940 against the said Ananta Vasudeb Brahmachari and Gaudiya Mission Society and others for a declaration that all the Math properties were the debutter properties of the deities of Sree Chaitanya Math, that they were entitled to manage the Math as Shebaits of the deities, and that the Gaudiya Mission Society had no right title or interest in the Math properties. The said suit was eventually compromised between the parties, and a consent decree was passed in accordance with the terms of settlement Under the compromise decree, all the properties belonging to the said deities were divided into two parts. Some of the properties were declared to be the properties of Sree Chaitanya Math and some to be the properties of Gaudiya Mission Society. We are, however, not concerned with the properties allotted to Gaudiya Mission Society.
( 4 ) THE said Kunja Behari Das Bidyabhusan who was subsequently named as Shrila Bhakli Vilas Tirtha was alleged to have executed a deed of appointment dt. July 7, 1076. By the said deed of appointment, he appointed the defendants Nos. 1 to 6 as shebaits of the said deities, Sree Sree Guru Gouranga Gandharbika and Giridhari Jew, with powers to them to manage the properties of the said deities and to carry on their periodical seva puja and festivals. On the same date, he was alleged to have executed another deed of appointment whereby he nominated the defendants Nos. 1, 2 and 4 as shebaits of the deities Sri Guru, Sri Gour Sundar, Sri Radhy Dayita Kunja Behari Jew, all installed at 70b, Rash Behari Avenue, Calcutta In the said deed of appointment, he claimed to be the absolute owner of the said premises No. 70b, Rash Behari Avenue, Calcutta.
( 5 ) IT is the plaintiffs' case that all the properties purported to have been dealt with in the said alleged deeds of appointment formed part of the debutter estate belonging to the deities, namely, Sree Guru Gouranga Gandharbika and Giridhari Jew installed at Mayapur Sree Chaitanya Math. The plaintiffs have also denied the title of the said Kunja Behari Das Bidyabhusan to the said premises No. 70b, Rash Beharj Avenue. Calcutta and have claimed that the said premises also belongs to the said deities of Mayapur Sree Chaitanya Math.
( 6 ) SO far as the said deeds of appointment dated July 7, 1976 are concerned, it has been alleged by the plaintiffs that each of the said deeds is a forged and fabricated document. Neither of the said two alleged deeds was signed or executed by the said Kunja Behari Das Bidyabhusan and his signatures appearing on the said deeds are not his signatures. Furt
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
