OIPD-2 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE Ordinary Original Civil Jurisdiction IA NO. GA/7/2024 In CS/1765/1930 SRI SRI ISWAR SRIDHAR JEW VS BEPIN BEHARI SADKHAN & ANR Before:

The Hont’hb le Justice BISWAROOP CHOWDHURY Date: 14 May 2025 Appearance:

Mr. Purnendu Das,Adv. Ms. Gitika Mallick, Adv.

Mr. Meghanil Manna, Adv.

…for the petitioner.

This is an application filed by the shebaits and Trustees of ‘SRI SRI The Court:

ISWAR SRIDHAR JEW DEBUTTER ESTATE’ located at 30 S.N. Banerjee Road Police Station – New Market Kolkata – 700,013, praying for permission to sell convey and transfer the premises No. 6, Shib Dey Lane, Police Station New Market Kolkata- 700087, at a price of Rs. 17, 50,000/- to Smt. Kiran Singh wife of Shri Sanjit Kumar Singh residing at 6, Shib Dey Lane, Police Station New Market Kolkata – 700,087 and/or its nominee on as is and whatever there is basis and for directing the Registering Authority to register the sale deed of the said premises by treating the said price as market value.

The facts of the case in brief is that the instant suit was decreed on 13-12-

1933 on the basis of a Terms of Settlement filed by the then parties in favour of the idol, premises No. 6. Shib Dey Lane, Police Station – New Market, Kolkata-700087 being property of the idol plaintiff herein and is a Debutter property of the said Deity. According to the terms of settlement of the said compromise decree dated 13-12- 1933 the trustees shall not be entitled to grant any lease for term exceeding 21 years or sale or mortgage any portion of the Debutter Estate without express sanction of this Court. The petitioners being the pre2s ent trustees having intended to sell this Debutter property on extreme legal necessity have come out with this application. It is further contended that the predecessor of the petitioners namely Nagendranath Sadhukhan was the absolute owner of several properties including the premises No. 6 Shib Dey Lane, Police Station New Market, Kolkata – 700,097. The said property is one straight four storied with roof top tin shed building fully occupied by old tenants and unauthorized occupants. The property comprises of a land area of 3 cottahs 2 Chittacks and 13 square feet more or less an old dilapidated brick built building. Having no income from the property the predecessor in interest of the petitioners and the petitioners granted the property on lease to – 1) Dhiren Ray Son of Late Jashoda Ray, 2) Md. Shaif, 3) Md. Shahbar and 4) Md. Sahail and no – 2 to 4 are sons of Late Abdul Sattar and the said lease was granted by the petitioners and the predecessor in interest of the petitioners by executing a registered Lease. The said lease was pending since long as the proper stamp duty and registration fees was not paid by the lessees and accordingly by execution of surrender of on September 22, 2021 said lessees surrendered their pendency right in favour of the petitioners.

It is contended that the petitioners as the present Trustees and Shebaits the petitioners jointly are undertaking all administration works Seba Puja and periodical festivals of their said family Deity and the Debuttar Estate and Properties. It is further contended that from the accounts of the Trust or Debutter Estate it will appear that the income is too meager than that of the present expenditure. While the expenditure comes to Rs. 9, 50,172/- the net income is only Rs. 1, 03,277/-. The property being dilapidated and there is no possibility of any development the petitioners thought to dispose the property to any intending buyer offering best available price.

It is contended that the petitioners even after appointing real estate brokers was not able to achieve any price. Thus they were compelled to negotiate with one Smt. Kiran Singh wife of Shri Sanjit Kuma3r Singh residing at 6 Shib Dey Lane Police Station New Market Kolkata – 700,007 who agreed to buy the property in as where is basis at a price of Rs. 17, 50,000/- and even the said intending purcha