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IN THE HIGH COURT AT CALCUTTA
Arindam Mukherjee
Shourya Banerji – Appellant
Versus
Administrator General And Official Trustee Of West Bengal – Respondent
JUDGMENT :
Arindam Mukherjee, J.
1.Affidavit of service filed in Court today is taken on record.
2. This is an application said to be under Sections 22, 25, 26 and 28 of the Official Trustees Act, 1913 preferred by a group of shebaits seeking certain direction regarding the leased out premises belonging to the deity bequeathed under an Ekrarnama dated 25th May, 1820. The trust is known as Chitra Dassi Trust.
3. This application is restricted to premises No. 134/4, Mahatma Gandhi Road, Kolkata – 700007 formerly known as Harrison Road, Premises No. 1A and 1B, Ram Lochan Mallick Street, Kolkata - 700007 (formerly Nos. 20, 20/1, 20/2, 20/3, 20/4, 20/5 and 21 Kashinath Mallick Lane), Premises No.17, 17/1 and 17/1/1, Kashinath Mallick Lane), Kolkata – 700007 and Premises No. 6 Ram Lochan Mallick Street, Kolkata – 700007 which are collectively referred to as the leased properties.
4. The respondent no.2 is the original lessee, respondent nos.3 (a), 3(b), 3(c), 3(d), 3(e), 3(f) are the legal heirs of another original lessee.
5. There are other properties bequeathed to the deity under the Trust, namely, Chitra Dassi Trust created under the Ekrarnama dated 25th May, 1820 (17th Day of Falgun 1228).
The Official Trustee has a duty to ensure sufficient funds are available to the shebaits for fulfilling their obligations under the Ekrarnama, particularly for deva seva and periodic festivals.
Indian Trusts Act inapplicable to public religious charitable endowments; Section 92 CPC requirements not attracted when suit does not involve trust administration; acceptance of rent creates estoppe....
Court affirms the necessity for joint management of trust properties reflecting the settlor's intentions, granting trusteeship to legal heirs and appointing a Special Officer for oversight.
Trusteeship disqualification arises under Section 26(1-A) for any individual with a subsisting lease on property of a religious endowment, ensuring integrity of temple management.
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