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2007 Supreme(Cal) 779

RUDRENDRA NATH BANERJEE, BHASKAR BHATTACHARYA
Prabhat Kumar Paul – Appellant
Versus
Lakshmi Janardan Thakur – Respondent


Advocates Appeared:
For the Appearing Parties:B.K. Sen, Haradhan Banerji, S. Chakraborty, S.K. Mitra, Sivaji Mitra, Advocates.

Judgment :

RUDRENDRA NATH BANERJEE, J

(1) THIS appeal is directed against the judgment and decree passed in Suit No. 620 of 1982 of the Ordinary Original Civil Jurisdiction of this Court decreeing the suit in favour of the plaintiff-deities.

(2) THE plaintiff-deities case briefly stated is as follows:

(3) ONE Kailash Chandra Dey, the original owner of the suit property, made out an Arpannama dated April 11,1903 making the suit properties along with others debuttar after dedicating the same in favour of Shri Lakshmi janardan Thakur, Sri Sri Vairabeswar Shib Thakur, Sri Sri Kailash Nath Shib thakur i.e. plaintiff Nos. 1, 2 and 3 respectively. In such Arpannama, Sri Sri kailash Chandra Dey himself was appointed the first shebait of the plaintiff-deities. While the plaintiff-deities were being represented by such shebait and the debuttar estate under the Arpannama was being managed by such sebaits as per terms of the Arpannama, in or about 1948, a dispute arose between the then sebaits on the issue of management of the debuttar properties and worship of the plaintiff-deities.

(4) THE Administrative Suit No. 3491 of 1948 of this Court was filed by the plaintiff-deities through the next































































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