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.

JUDGMENT :

A.C. BEHERA, J.

1. This 2^nd appeal has been preferred against the confirming judgment.

2. The appellant in this 2^nd appeal was the defendant no.1 before the trial court in the suit vide T.S. No.06 of 1984 and appellant before the 1^st appellate court in the 1^st appeal vide T.A. No.16 of 1987.

The respondent nos.2 to 10 in this 2^nd appeal were the defendant nos.2, 3 and 5 to 11 before the trial court in the suit vide T.S. No.06 of 1984 and respondent nos.2 to 10 before the 1^st appellate court in the 1^st appeal vide T.A. No.16 of 1987.

The respondent no.1-deity in this 2^nd appeal was the sole plaintiff before the trial court in the suit vide T.S. No.06 of 1984 and respondent no.1 before the 1^st appellate court in the 1^st appeal vide T.A. No.16 of 1987.

3. The suit of the plaintiff-deity vide T.S. No.06 of 1984 against the defendants was a suit for declaration of title and recovery of possession of the suit properties described in the Schedule-A of the plaint.

As per the case of the plaintiff-deity, the plaintiff-deity is the village deity of village-Bhaliapada. The day-to-day affairs of the deity is being managed by the villagers of Bhaliapada. The defendant no.2, out of her spiritual feelings gifted her Schedule-A suit properties to the plaintiff-deity Sri Sri Balunkeswar Mahadev in the year 1976 through registered gift deed dated 29.05.1976 executing and registering the same in favour of the plaintiff-deity Sri Sri Balunkeswar Mahadev and delivered possession thereof to the plaintiff-deity and she(defendant no.2) was divested from the ownership and possession of the same. Purna Chandra Dehury being the pujari of the plaintiff-deity had accepted the gift deed in respect of the suit properties on behalf of the plaintiff-deity executed by the defendant no.2 in favour of the plaintiff-deity. After taking possession of the ‘A’ Schedule gifted suit properties on behalf of the plaintiff-deity, the villagers of village-Bhaliapada utilized the usufructs thereof for the sevapuja of the plaintiff-deity.

In order to dispossess the plaintiff deity from the suit properties, the defendant no.1 created disturbances illegally in the possession of the plaintiff-deity over the suit properties and managed to start a proceeding under Section 145 of the Cr.P.C. vide M.C. No.08 of 1977.

During the pendency of such proceeding under Section 145 of the Cr.P.C., the defendant no.1 had managed to execute a sale deed in respect of the suit properties on dated 24.04.1980 from the defendant no.2, though, the defendant no.2 had no interest in the suit properties due to execution and registration of the gift deed earlier in respect of the same on dated 29.05.1976 in favour of the plaintiff-deity. The defendant no.1 also managed to execute the deed of cancellation of the gift deed dated 29.05.1976 through an unilateral deed of cancellation dated 18.06.1981 executed by the defendant no.2. Then, the defendant no.1 initiated an another proceeding under Section 145 of the Cr.P.C. in respect of the suit properties vide M.C. No.46 of 1981, wherein, the possession of the defendant no.1 over the suit properties was declared.

Then, the defendant no.1 started one mutation proceeding in respect of the suit properties vide Mutation Case No.1072 of 1981 against the plaintiff-deity as well as against the villa