Sri Sri Lakshmi Thakurani vs Trishna Dey

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 574

KRISHNA RAO
Sri Sri Lakshmi Thakurani – Appellant
Versus
Trishna Dey – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Meghnad Dutta, Mr. Lal Ratan Mondal, Mr. Sk. Mustafi, Rahaman For the Respondent: Mr. S.R. Sadhu, Mr. S. Maiti, Ms. P. Das, Mr. Supriya Ranjan Saha

JUDGMENT :

1. The plaintiff has filed the instant application being GA 2 of 2020 under Chapter XIIIA of the Original Sides Rules of this Court for final Judgment against the defendant for eviction, recovery of khas possession and for mesne profit with interest.

2. As per the case of the plaintiff, Municipal Premises No. 117, B.K Pal Avenue, P.S-Jorabagan, Kolkata – 700 005 along with four storied brick built building standing thereon was originally belonged to one Sambhu Kumar Pal, who had dedicated the said property to the deity in the name of Sri Sri Lakshmi Thakurani by way of a deed of declaration dt. 29.05.1963 and accordingly the said property is called as debutter property. In the said deed of declaration, Sambhu Kumar Pal has appointed himself as a first Shebait of the said deity and it was also provided that after his demise, his wife Shanti Bala Pal and his son Shyamal Kumar Pal will succeed the office of the Shebaits. It was also provided that on the death of any one of the Shebaits, the survivor shall continue to act as sole Shebait. The settler as well as his wife ha