A private debutter cannot be converted into a public debutter merely on the basis of evidence that some local public used to have “darshan” of the deities, without any material showing exertion of the right of Seva Puja by the public or donation of any amount by the public over the property.

( 1 ) THESE two appeals were heard analogously as these are preferred against a common judgment dated 27th February, 2004 passed by the Additional District Judge, 3rd Court, Barasat, District - North 24-Parganas by which two different suits being Title Suit No. 1 of 1998 and title Suit No. 2 of 1998 were decreed.

( 2 ) TITLE Suit No. 1 of 1998 was originally numbered as Title Suit No. 1 of 1991 and was filed in the Court of District Judge, Alipore by six persons as plaintiffs against four named defendants. Out of the four defendants, the defendant Nos. 1 and 2, namely, Abhijit Roy Chowdhury and Subhajit Roy chowdhury were described as Sebaits while the present appellants, the purchaser from the parents of the defendant Nos. 1 and 2, was made defendant no. 3 and the defendant No. 4 was a director of the defendant No. 3. The said suit was filed under section 92 of the Code of Civil Procedure thereby praying for declaration that the premises Nos. 121 and 121/1. Kashi Nath Dutta Road, calcutta, constituted Debutter estate created by one Ganapati Chakraborty, since deceased, and for removal of the defendant Nos. 1 and 2 from Sebaitship of the deities. By the said suit a prayer of constitution of a Board of Trustees was made after removal of the defendant Nos. 1 and 2 with a prayer of mandatory injunction directing the defendant Nos. 1 and 2 to render true and faithful accounts. By the said suit, injunction was prayed for restraining the defendant Nos. 1 and 2 from selling and dealing with or disposing of or transferring any of the Debutter properties with a prayer for sanctioning the scheme for management of the Debutter property.

( 3 ) TITLE Suit No. 2 of 1998 was originally numbered as Title Suit No. 372 of 1992 filed in the 3th Court of Munsif, Sealdah challenging the sale of the part of the Debutter properties in favour of the present appellant by the then joint sebaits on the allegation that such sale was not for the legal necessity of the deity and was not even permissible and was vitiated by fraud.

( 4 ) THE said suit was ultimately transferred to the Court of the District Judge, north 24-Parganas for analogous hearing with the other suit mentioned above.

( 5 ) IT may be mentioned here that during the pendency of the suit filed under section 92 of the Code, an interim order was passed thereby framing an interim

scheme for administration of Debutter estate and for conducting Seba Puja and the said interim order was continuing till the disposal of the two suits heard analogously.

( 6 ) THE case made out by the plaintiffs in the Title Suit No. 1 of 1998 may be summed up thus :a) On and about 8th November, 1939 one Ganapati Chakraborty, since deceased, being a wealthy and pious Hindu residing at the then 121, Kashi Nath Dutta Road, the suit property, executed a Will by which one Smt. Harimati Dasi was appointed the executrix along with one Nripendra Kumar Bose. By the said Will, the said testator made provision for maintenance and Seva Puja of four different hindu deities, all duly installed by him and located at the suit premises. b) By virtue of the said Will, it was provided that the said premises consisting of three temples, attached cook-shed for Bhog, a Courtyard to the south of the temple, a shop to the side abutting the road in the southern portion of the aforesaid premises and a two-storied residential building standing on the northern side of the aforesaid premises and two cottahs of land to the contiguous west of the temples were the subject-matter of the Will. c) By the said Will, the Trust that was created was for public purpose of religious nature. One Smt. Harimati Dasi, by the said Will, was appointed Sebait of the Debutter estate dedicated to the deities and the plaintiff No. 1 was appointed as Paricharika of the said deity for her lifetime for a sum of Rs. 5/- payable to her every month and a particular room on the northern portion of the premises was allotted for her use and occu