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1981 Supreme(Cal) 143

A.K.SEN, B.C.CHAKRABARTI
JOGESH CHANDRA BERA – Appellant
Versus
ISWAR BRAJA RAJ JEW THAKUR – Respondent


Advocates Appeared:
K.K.Datta, PROBHAT KUMAR SAMANTA, S.P.ROYCHOWDHURY

B. C. CHAKRABARTI, J.

( 1 ) THIS is a revision application at the instance of some of the defendants in a proceeding arising out of an application for leave to sue as indigent person being Judicial Misc. Case No. 31/77 of the 1st Court of the Additional Subordinate Judge at Midnapore. The leave prayed for was granted by the impugned order dated July 5, 1980.

( 2 ) THE applicant for the leave was Sri Braja Raj Jew Thakur represented by the next friend Smt. Mokshoda Adhikari. It is stated in the application that the landed property described in the plaint schedule were the subject-matter of an Arpannama executed by late Jagannath Adhikary on August 18, 1975. In terms of the Arpannama Haripada Adhikary son of Jagannath Adhikary is the shcbait of the deity. The properties in ka and kha schedules are debultar properties and not subject to alienation. It is alleged in the plaint accompanying the application for leave to sue as an indigent person that Haripada who figures as defendant No. 13 in the suit has been mismanaging the debuttar estate and has alienated the properties by different documents in favour of defendants I to 12. misappropriating the consideration acquired by such alie

















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