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2004 Supreme(Ori) 589
IN THE HIGH COURT OF ORISSA
B.P. Das, J.
SRI PRAFULLA KUMAR KAR AND ANOTHER - APPELLANT
Versus
SRI GOPINATH SINGH SAMANTA AND OTHERS - RESPONDENT
Second Appeal No. 51 of 1997
Decided On : 20-01-2004
B. Mishra, for the Appellant; N.K. Sahoo and D.R. Swain, for the Respondent
The main legal point established in the judgment is the finding on the competency of Defendant No. 1 to alienate the suit land.
Headnote:
Locus Standi - Property Dispute - Nilachala Saraswata Sangh, Puri - Ext. E, Ext. M, Ext. L - The Trial Court and First Appellate Court held that Defendant No. 1 had the locus standi to alienate the suit lands. The Second Appellate Court dismissed the Second Appeal as devoid of merit.
Fact of the Case:
The appellants filed a suit for a declaration of title, permanent injunction, and to declare three sale deeds as void. The defendants denied the allegations and claimed that the deceased Defendant No. 1 had the right to sell the suit lands.
Finding of the Court:
The Trial Court and First Appellate Court found that Defendant No. 1 had the right to sell the suit lands. The Second Appellate Court dismissed the appeal as devoid of merit.
Issues: The issues included the competency of Defendant No. 1 to alienate the suit land and the inter se relationship between Nilachala Saraswata Sangh, Puri and BSS.
Ratio Decidendi: The Trial Court and First Appellate Court's findings on the competency of Defendant No. 1 to alienate the suit land were upheld by the Second Appellate Court.
Final Decision: The Second Appellate Court dismissed the Second Appeal as devoid of merit.
JUDGMENT :
B.P. Das, J. - This appeal has been directed against the judgment and decree dated 28.9.1996 and 12.10.1996 respectively passed by the District Judge, Balasore in S.J. Appeal No. 68 of 1994 confirming the judgment and decree dated 7.10.1994 and 5.11.1994 respectively of the Civil Judge (S.D.), Balasore in Title Suit No. 194 of 1990.
2. The appellants before this Court were the plaintiffs in the Court below. They filed Title Suite No. 194 of 1990 before the Civil Judge (S.D.), Balasore for a declaration of title for permanent injunction and for a declaration that the three sale deeds bearing Nos. 1277, 1278 and 1279 dated 21,3.1990 were void, inoperative and were not binding on the plaintiffs, and the sale deeds executed by Defendant No. 1 - Raghunath Pati were void as the vendor had no right to sell the suit property in favour of anybody.
3. The brief case of the plaintiff-appellants was that, they were representing the Balasore Saraswata Sangha (in short 'BSS') whereas defendant-respondents 2 and 3 were representing the Balasore Town Sangha (in short 'BTS') and both the organisations were the recognised branches of their Central Organisation known as "Nilachala Saraswata Sangh", Puri. The devotees of Nigamananda Saraswati Dev had established the Central Organisation of which late Durga Charan Mohanty was the Secretary. There were different branches of Sangha at different places of the State established on the basis of the guidelines of Nilachala Saraswata Sangh, Puri. According to the appellants, the Branch Sanghas were independent Organisation, and used to manage their affairs by framing their own Memoranda and Articles of the Association. The BSS established an Ashan Mandir at Sahadev Khunta, Balasore with the approval of Nilachala Saraswata Sangha, Puri and settled the lands for the aforesaid purpose under 'Ka' and 'Kha' schedules appended to the plaint acquired in the year 1971 and 1976 respectively out of the funds raised by the members of the Sangha. The Nilachala Saraswata Sangh Puri had never, provided any financial assistance for purchasing its property, but the sale deed discloses the name of vendee being Parmahansa Srimad Sri Sri Nigamananda Saraswati Dev Thakur Bije Sahadey Khunta Sanmandir C/o Sri Durga Charan Mohanty, Secretary of Nilachala Saraswata Sangh, Puri. During the year 1980 Respondent No. 2 with a group of the members of the BSS formed another Sangha in the name 'Balasore Town Sangha (for short 'BTS'). Although the BSS continued to possess the suit lands and exercised ownership over the same, the BTS acquired a piece of land at Bhaskarganj area in Balasore Town and after the death of Durga Charan Mohanty in the year 1985 there was a split in Nilachala Saraswata Sangh, Puri which was bifurcated into two parallel organisations, both claiming to be working for Nilachala Saraswata Sangh, Puri, one of such Sangha being led by Jagannath Samantray and Daitari Nanda, as the President and the Secretary respectively, which according to the appellants was the real Nilachala Saraswata Sangh, Puri. The other Sangha was led by Chaitanya Charan Das and Raghunath Pati as the President and the Secretary respectively. Taking advantage of the situation, the split up Sangha with the aid and assistance of the President of Balasore Town Sangha, transferred the suit lands by executing the sale deeds Exts. AA, AA-1 and AA-2 in favour of Respondents 4 to 7. Since Balasore Town Sangha had no right, title, interest or possession over the suit lands and the fact that no consideration pursuant to sales had passed nor possession was ever delivered, the suit was filed.
Defendant Nos. 1 to 3 Respondents 1 to 3 filed their joint written statement denying all the averments made in the plaint. They specifically pleaded in the written statement that Nilachala Saraswata Sangh, Puri was the Central Organisation of all the followers of Sri Sri Thakur Nigamananda in Orissa. The Sakha Sanghas were situated at different places of the St
