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.

JUDGMENT :

BISWAROOP CHOWDHURY, J.

1. This application is filed praying for the following reliefs:

a) The petitioners and the other trustees be jointly empowered to act as trustees of the Debuttar Estate.

b) The petitioners in discharge of their duties as Trustees in terms of prayer(a) be empowered to take the following amongst other:-

i) to collect rent from various tenants of the properties comprised in the Debuttar Estate, situated at 21, Kanai Dhar Lane, Kolkata-700012, and 58 B, Patuatola Lane, Kolkata-700009.

ii) be authorized to incur all necessary expenses for the purpose of maintenance and upkeep of the Debuttar properties including payment of statutory taxation and outgoings in relation thereto;

iii) to perform the regular puja of the deity including all periodical festivals in terms of the deed of endowment forming part of the consent decree.

iv) be permitted to take steps against various illegal occupants of the properties for the purposes of their eviction by institution of appropriate proceedings against such unauthorized occupants in the best interest of the deity.

c) Leave may be granted to serve copy of instant application upon the surviving descendants of the deceased defendants in terms of paragraph 18 above,

d) Ad interim orders in terms of prayers above.

e) Such other and/or further order or orders be made and/or direction or directions be given as this Hon’ble Court may deem fit and proper.

2. The contention of the applicants may be summed up thus:-

1. One Beharilal Das since deceased by a Bengali Deed of endowment 15th October, 1931 dedicated his two immovable properties being premises no. 21, Kanai Dhar Lane, Kolkata- 700012 and Premises No. 58 B, Patuatola Lane, Kolkata-700009 situated within the aforesaid jurisdiction, to Sri Sri Radha Krishna Jew Thakur. In the said endowment expressly provided that after the death of settler and his wife Mahamaya Dassi their three nephew namely Hari Charan Das, Gobinda Chandra Das and Narendra Nath Kundu would be joint sebaits and would take possession of the properties and out of income thereof incurred daily seva and periodical festivals of the deties. It was provided after death of Mahamaya Dassi other said three sebaits and their respective heirs would also act jointly as sebaits by succession.

2. After the death of wife of the settler said Hari Charan Das and Narendra Nath Kundu became the sebaits, as the said Gobinda Chandra Das never acted as sebait and discharged his functions and by reason thereof shall be deemed to have relinquished his sebait’s right, since inception.

3. The said Narendra Nath Kundu died leaving behind his three sons Madhabendu Kundu, Ashok Kumar Kundu and Rabindra Nath Kundu both of them acted as sebaits during their life time. After death of Hari Charan Das his two sons Indra KumarDas and Sailendra Kr. Das both of whom acted as sebaits during their life time.

4. In the course of management and administration of the Debuttar Estate, there arose differences by and between and/or amongst the sebaits interse resulting in a Suit No. 559 of 1967 being filed by said Madhabendu Kundu and others as a sebaits against Indra Kumar Das, Sailendra Kumar Das legal heirs of Hari Charan Das and other. Similarly in 1964 being Suit No. 1760 was filed by Indra Kumar Das as a sebait against Sailendra Kumar Das and others.

5. Both the said suits were amicably settled and a decree by consent of the parties was passed on 21st December, 1972 wherein the Receiver appointed in the above suits was directed to continue and the terms of settlement filed by the parties duly signed was made a part of the consent decree.

6. The mode and manner of