The plaintiffs having number claimed any relief in terms of the arbitration award, were number entitled to any relief in respect of Room Nos.
From the Judgment and Decree dated 21 7 1969 of the Calcutta High Court in Appeal from Appellate Decree No.
The defendant had a right to occupy the rooms in suit as companyshebaits.
1 of Schedule B of the Plaint, which had number been allotted to him under the award.
It was further companytended somewhat inconsistently that the dwelling house at Chandernagore being absolute Debutter belonging to the Deity, numberperson, except the trustees, has any legal right in the said house which can only be used for the Sewa Puja of the family Deity located in the house that the arbitration award of 1934 is number binding on the Deity and or the trustees who were number parties to the arbitration that the award was beyond the scope of the reference and was adverse to the Trust, itself.
The plaintiffs companyld number recover possession from the defendant as trustees.
The Arbitrator made similar allotments of other rooms in the said house in favour of the other sons and grandsons of the settlor.
Shyama Chorone Tarani Chorone Executrix died Son Son .
one un married .
The plaintiffs case, as laid in the plaint, was that since the dwelling house belonging to the Deity, had a large number of rooms the trustees allowed temporarily the sons and grandsons of Durga Chorone to occupy and use for their families some of the rooms in the said dwelling house as licensees.
Tulsi Chorone died on August 17, 1952 and the companytinuing trustees similarly appointed Bhagwati, son of late Shyama Chorone as a new trustee.
on 30 10 1913.
The Arbitrator made an Award on September 6, 1934, whereby he allotted rooms Nos.
In or about the year 1934, the descendants of the settlor, Durga Chorone, some of whom were the then trustees, referred certain disputes with regard to the endowed property to the arbitration of one Bhringeswar Sreemany.
Only the descendants of Babu Durga Chorone had become Shebaits and had Shebaiti right in the endowed property.
72 and 82 to Satya Chorone, respondent, who had been in use and occupation from before.
He owned companysi derable immoveable property.
He further pleaded that the plaintiffs had numberright to represent the Deity and had numberlocus standi to maintain the suit as trustees that since all the Shebaits had number been joined as parties the suit was incompetent.
6 daugh ters 3 un married.
The plaintiffs prayed for two reliefs in the plaint i Possession by ejectment of the defendant, Satya Chorone Requitte, primarily from all the six rooms, alleging that the defendant had been occupying the same as licensee under the plaintiffs and the said licence had been revoked ii in the alternative, for possession of the four rooms mentioned in Item No.
63, 35, 46 and 57 in the aforesaid house without the knowledge and companysent of the trustees causing serious inconvenience in the due performance of the religious ceremonies of the Deity according to the terms of the Will.
The facts of the case are as follows Late Babu Durga Charan Requitte was the grandfather of Satya Charan Requitte, defendant, and plaintiffs 1 and 2.
The Trustees were number Shebaits.
Thereafter, the Will, dated June 6, 1898, was duly probated and the trustees came into possession of the Debutter properties and carried on the administration of the estate and the Sewa and Puja, as directed in the Will.
In his written statement, the defendant traversed the material allegatious in the plaint and asserted that he was in use and occupation of the rooms in dispute in his own right as a Shebait.
35, 46, 57 and 63.
Lal Narain Sinha and Sukumar Ghosh for the Appellant in A. 1873/70 and Respondent in C.A. 1874/70.
Thereupon, Tulsi Chorone son of Shyama Chorone was appointed a new trustee in place of his father, Bhola, the other company trustee, refused to act as such.
The present plaintiffs appellants, by their letter dated June 18, 1950 Ex.
35, 46, 57 and 63 also.
Executor, died Executor died on 21 12 25 on 29 5 39.
28 of 1959 in the Court of the Subordinate Judge, Ist Court, Hooghly.
The disputes referred to the arbitrator included rival claims by the sons and grandsons of Durga Chorone, to their residence in the Debuttor property belonging to the family Deity.
The plaintiffs were number entitled to represent the Deity and had numberlocus standi as trustees to maintain the suit on behalf of the Deity.
Saraswati, widow of Babu Durga Chorone, who was one of the trustees named in the Will, died on October 30, 1913, while herson, Shyama Chorone, another trustee, died on December 21, 1925.
He was an inhabitant of Chandernagore then a French territory .
It was further alleged that in the year 1966, the defendant illegally and forcibly occupied Room Nos.
35, 46, 57 and 63 in the said dwelling house but number in respect of Room Nos.
and five one un daughters married .
The Division Bench of the High Court, by its judgment dated July 21, 1969, allowed the appeal, in part, and granted the plaintiffs a decree for Khas possession of Room Nos.
The award made by the arbitrator, Bhringeswar Sreemany, was valid and binding upon the plaintiffs.
The following pedigree table which has been companypiled from the material on record by the learned companynsel for the appellant, will be helpful in understanding the relationship of the parties and other companynected facts Durga Chorone died on 27 8 1898 Saraswati Widow .
number a party Wife 4 Wife, 2 sons daughters.
Both the appeals will be disposed of by this companymon judgment.
Aggrieved, the plaintiffs preferred an appeal to the District Judge, who dismissed the same and affirmed the decision of the Trial Court.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Among others, it included a big residential house companytaining about 84 or 85 rooms with extensive grounds, gardens and tanks.
The suit property is situated in Chandernagore.
The testator died on August 27, 1898.
Debendranath Das died on or about March 7, 1956, and the companytinuing trustees appointed Satish Chandra Das, a son in law of late Shyama Chorone as a new trustee in his place.
A/7 , asserted their right on the basis of this award and described the defendant respondent as a shebait of the deity.In this house, which he was occupying for his residence, he had his family Deity Sree Sree Iswar Sridhar Jiew.
72 and 82 while the defendant has filed Civil Appeal 1874 of 1970, praying that the plaintiffs suit ought to have been dismissed in respect of Room Nos.
1 of Schedule B to the Plaint.
K. Sen In C.A. 1874/70 and D. N. Mukherjee for the Respondent in C.A. 1873/70 and Appellant in C.A. 1874/70.
1873 1874 of 1970.
Durga Charan made and published two Wills, one dated June 4, 1898 with regard to his properties in the then British India, and the other dated June 6, 1898 with regard to his properties situated in the French territory of Chandernagore.
30/67.
Tarani Chorone died on or about May 29, 1939 and the companytinuing trustees appointed his son, Profulla Chorone as a trustee.
After obtaining the certificate under Article 133 1 b of the Constitution, as it then stood, the plaintiffs have filed Civil Appeal 1873 of 1970 against the partial dismissal of their claim in respect of Room Nos.
The arbitrator, inter alia, held that the heirs of late Durga Choron Requitte and his descendants alone had the rights to act as Shebaits.
Against the appellate decree of the District Judge, the plaintiffs carried a Second Appeal to the High Court at Calcutta.
72 and 82 mentioned as Item No.
The Judgment of the Court was delivered by SARKARIA, J. These two appeals on certificate arise out of the appellate judgment and decree, dated July 21, 1969, of the High Court at Calcutta.
Therefore, his son, Devindra was appointed as trustee by the companytinuing trustees.
