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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Ankura Charana Sahoo – Appellant
Versus
Sarat Chandra Majhi – Respondent
JUDGMENT :
A.C. BEHERA, J.
1. This 2nd appeal has been preferred against the reversing judgment.
2. The appellant in this 2nd appeal was the sole plaintiff before the leaned trial court in the suit vide C.S. No.259 of 2014-I and respondent no.1 before the learned 1st appellate court in the 1st appeal vide R.F.A. No.30 of 2019.
3. The respondents in this 2nd appeal were the defendants before the learned trial court in the suit vide C.S. No.259 of 2014-I and the appellant along with respondent nos.2 and 3 before the learned 1st appellate court in the 1st appeal vide R.F.A. No.30 of 2019.
The suit of the plaintiff(appellant in this 2nd appeal) against the defendants(respondents in this 2nd appeal) vide C.S. No.259 of 2014-I was a suit for declaration and permanent injunction.
4. The suit properties are M.S. Khata No.288, Plot No.437 A.1.47 decimals and M.S. Plot No.430 A.0.40 decimals in Mouza-Anandapur under Dhamnagar Tahasil in the district of Bhadrak, which corresponds to C.S. Khata No.469, Plot No.454 A.1.48 decimals and C.S. Plot No.465 Plot No.457 A.0.034 decimals, which corresponds to mutated Khata No.384/230.
As per the case of the plaintiff, the suit properties, i.e., C.S. Khata No.
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....
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.
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.
Alienation of property belonging to a deity requires prior permission under the Odisha Hindu Religious Endowments Act, 1951; failure to include the deity as a party renders the suit non-maintainable.
The suit for declaration of title on a deity's property is invalid without the deity as a party, and sale deeds executed by the marfatdar without statutory permission are void.
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.
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.
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.
A deity, as a perpetual minor, can maintain a suit for injunction against alleged tenants, asserting ownership and lawful possession despite tenant claims.
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