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1983 Supreme(Cal) 110

M.M.DUTT, MONOJ KUMAR MUKHERJEE
TRIDANDEESWAMI BHAKTI KUSUM SRAMAN MAHARAJ – Appellant
Versus
MAYAPORE SREE CHAITANYA MATH – Respondent


Advocates Appeared:
A.C.BHABRA, DIPANKAR GHOSH, HIRAK MITRA, Jayanta Mitra

M. M. DUTT, J.

( 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 Brahmachar



















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