Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Kalia Sethy (Dead) – Appellant
Versus
Balaji Mahaprabhu – Respondent
| Table of Content |
|---|
| 1. background of the suit and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. defendants' claim of tenancy and occupancy rights. (Para 5 , 10) |
| 3. trial court's findings against the plaintiff-deity. (Para 6 , 8 , 15 , 20) |
| 4. legal status of deity and maintainability of injunction suit. (Para 16 , 17 , 18 , 21) |
| 5. dismissal of the appeal and confirmation of the decree. (Para 22 , 23) |
JUDGMENT :
This second appeal has been preferred against the reversing judgment.
The respondent-Deity in this second appeal was the sole plaintiff before the Trial Court in the suit vide T.S. No.115 of 1973 and appellant before the First Appellate Court in the First Appeal vide T.A. No.105 of 1977 (82/1980).
4. According to the case of the plaintiff-Deity, the suit properties are the properties of the plaintiff-Deity and the usufructs/products of the said properties are used as the feeding of the “Abhyagats” from the “Prasad” offered to the plaintiff-Deity.
When in the year 1971, the marfatdar of the plaintiff-Deity became ill and undergone treatments at Berhampur Hospital, during that time, taking advantage of the absence of the marfatdar from the village, the defendant No.3 tried to create disturbance
A deity, as a perpetual minor, can maintain a suit for injunction against alleged tenants, asserting ownership and lawful possession despite tenant claims.
The validity of a gift deed supersedes subsequent sales; individuals representing deities can sue to recover properties, affirming their legal standing to protect such interests.
Civil courts lack jurisdiction over disputes involving religious properties when necessary parties, specifically deities, are absent; such matters should be resolved under the relevant endowment act.
The court established that a sale deed transferring property of a deity without proper authorization is invalid, making recovery suits unmaintainable if the deity is not a party.
A suit for declaration of title involving properties owned by deities is not maintainable without necessary parties, specifically the deities and any related institutions, according to the Orissa Hin....
A Marfatdar cannot alienate properties of deities without statutory permission; absence of necessary parties renders the suit non-maintainable.
The suit for title over property belonging to deities is non-maintainable if necessary parties are not joined, and alienation of such property requires statutory permission.
Properties owned by deities cannot be alienated by the Marfatdar without permission under the Orissa Hindu Religious Endowment Act, rendering related transfers void and necessitating inclusion of dei....
Claims of occupancy rights and adverse possession cannot coexist; an encroacher is not entitled to injunctive relief against the rightful owner.
Finality of prior judgments remains protected under law, preventing challenges in subsequent proceedings unless reversed through appropriate means.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
