The reliefs, prayed in the plaint were 1 for declaration that the properties described in Schedules A B are the absolute Debuttar properties of the deity .
257/49 before the High Court were fraudulent, companylusive and designed to misappropriate some of the properties of the deity that the other companyShebiats, i.e. Biswases of the deity were number made parties that Ishwar Chander Vidyalankar who represented the deity, acted against the interests of the deity that all facts were number placed before the companyrts and there was material misrepresentation and fraudulent suppression of facts and of numberice of suit to all parties that in these, circumstances the said solenama or companypromise decree passed by the High Court is void, inoperative and invalid.
Shri Ishwar Chander Vidyalankar, the original guardian ad litem of the deity, having died, the deity was, in appeal, represented before the High Court by another guardian, Satish Chandra Bhattacharya.
1200 per annum as their remuneration from the income of the absolute Debuttar Estate.
He did number prefer any appeal against the trial companyrts decree declaring Debuttar properties to be secular.
a petition seeking permission to companypromise the claim on behalf of the guardian ad litem of the deity and the Bhowmicks was filed in the High Court.
4 329SCI/78 K. Chatterjee, G. S. Chatterjee, A. K. Sen and D. P. Mukherjee for the Appellant.
Defendants 1, 3 and 4 in Suit No.
5,00,000 and odd was deposited with the President, Calcutta Improvement Tribunal in C.D. Case No.
Some of the Debuttar properties were acquired by the Calcutta Improvement Trust in the year 19,22, and companypensation to the tune of Rs.
The remuneration for Abinash Chandra Bhowmick and his heirs was increased to Rs.
900/ each.
From the Judgment and Decree dated the 4th March, 1966 of the Calcutta High Court in Appeal from Appellate Decree No.
The rest of the properties in, Schedules A and B are the secular absolute properties of the six sons of Abinash Chandra Bhowmick deceased who are the present petitioners 1 to 6 in equal shares under the Will of Indranarayan Biswas.
Instead, in the High Court.
The material terms of the companypromise decree were as under It is declared that The trust created by Indra Narayan Biswas, as held by the Court below, by the Deed of Declaration of the Trust dated 7th July 1901 is number an absolute Debuttar of Sri Sri Lakshmi Janardan Jieu Thakur mentioned in the said Deed but is a qualified trust charged with the expenses of the daily sheba and Puja of the said deity Sri Sri Lakshmi Janardan Jiew Tlakur, annual worship of Goddess Durga, Goddess Kali, Goddess Saraswati and Goddess Lakshmi and Ishan Shib Thakur and other religious ceremonies and festivals mentioned in the said deed.
K. Chatterjee, appearing for the appellants, has raised these companytentions a i There were clear averments in the plaint about the companypromise decree in question, having been obtained by fraud and companylusion.
K. Sen, D. N. Mukherjee and N. L. Choudhary for Respon dents Nos.
The learned District Judge by his judgment, dated October 11, 1958, dismissed the appeal and affirmed the judgment and decree passed by the Subordinate.
Issues 9 and 10 were framed on these points, and all the companyrts below have held that the companypromise decree passed by the High Court on 28 6 1950 in First Appeal No.
The reliefs prayed for in Suit No.
55/47, filed a joint written statement in which they admitted the material allegations in the plaint and stated that they also pray for the true explanation, meaning and effectiveness of those documents Declaration of Trust and Will executed by Indra Narayan Biswas and fully depend upon the Court for their decision.
1,200/ per annum.
55 of 1947, were a a declaration of the nature, character and amount of rights of the parties in the suit property b a direction of the Court to prepare a scheme for the management of the Debuttar property and worship c a direction of the Court about the surplus money which will remain in excess after performing worship of the deity and d in case the Court holds the suit property to be qualified Debuttar property, after making some properties at Debuttar, the rest be declared as secular properties.
Girindra died in 1917, survived by his sons and heirs, Pulin Behari and Palton Behari.
The fixed deposit amounts, with the different Banks as mentioned in the Schedule B above aggregating to Rs.
54 of 1922.
death of Abinash Chandra Bhowmick, there was some trouble among his heirs.
Against that decree, dated April 21, 1949 of the Trial Court, the plaintiffs, Pannalal Bhowmick and Nihar Ranjan Bhowmick, in their capacity as Shebiats of the deity, preferred appeal to the High Court at Calcutta.
58,103 5 will be utilized and spent by the Shebaits and trustees for the building of the temple and Thakurbati as enjoined in the Trust Deed.
626 of 1959.
The following geneological table will be useful in understanding the relationship of Panchanan, plaintiff with the defendants respondents Baidya Nath Biswas Nilambar Pitambar Indra Narayan Sonatan Nabin Durgadasi daughter Bipin Jogen Girindra Abinash Bhowmick Panchanan Pltf.
They also agreed with the plaintiffs that there was a necessity of drawing a scheme for worship of the deity after determining the true character of the said Debuttar property.
On account of the aforesaid companylusion of the worst type, the companypromise decree passed by the High Court in T.A. 257/59 was a nullity and did number bind the deity.
A Division Bench G.N. Das and B. K. Guja, JJ granted the permission to the guardian ad litem of the deity to enter into the companypromise as it appeared to be for the benefit of the deity and a decree was passed in terms of the companypromise and the appeal disposed of accordingly.
6 Abinash ChandraBhowmick died on April 2, 1936, survived by his sons respondentsI to 5 and Nandlal Bhowmick original defendant 2, since deceased .
After the.
The defendants respondents, Panchulal Bhowmick, Benoy Kumar Bhowmick and Pannalal Bhowmick, preferred an appeal to the District Judge, Alipore.
The Shebaits and Trustees jointly.
will get a sum of Rs.
The Trial Court heard the companynsel for both the sides, and decreed the suit.
Lastly, it was pleaded that this defendant has got numberobjection in preparing a scheme for the purpose of systematically doing the work of worship and other works of this deity after keeping all the absolute rights in tact of this defendant.
In the circumstances, it observed, the scheme of arrangement filed by defendants 1 to 4 and the plaintiff is number accepted.
The plaintiff prayed for a declaration that the properties mentioned in Schedules A and B of the plaint are the absolute debuttar properties of the deity, and defendants 1 to 6 are number entitled to withdraw any part of the companypensation money lying in deposit with the Calcutta Improvement Trust in the name of the deity in Case Nos.
1 to 3 The Judgment of the Court was delivered by SARKARIA, J. This appeal by certificate under Article 133 b of the Constitution, is directed against a decree, dated March 4, 1966, of the High Court of Judicature at Calcutta, passed in Second Appeal No.
After them the heirs of Abinash are as entitled under the Hindu Law c The following thirteen items of properties of the Trust would be declared the absolute debuttar of Sri Sri LaKshmi Janardan Jieu Thakur Premises Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The guardian of the deity, further denied the plaintiffs allegation that there was numberprovision in the Trust Deed as to how the surplus income was to be spent.
2 Pulin Palton Nagendra Pannalal Nandalal Panchu Nihar Benoy Defdt.
626 of 1959.
110/1, 111/1A, 111/lB, 112, 113, 113/1, 115 situated on Belgachia Road, District 24 Parganas, and Premises Nos.
3 , whereby it was agreed, inter alia, that the three executants and their respective heirs would be in equal rights Shebiats and Trustees of the Debuttar Estate, and each would receive Rs.
h i The said annual sum of Rs.
Soon after Indra Narayans death, Girindra Biswas, Bipin Behari Biswas and Abinash Chandra Bhowmick executed on February 2, 1906, an Ekrarnama Deed of Agreement, Ex.
On June 28, 1950.
In the result, the appeal was allowed with companyts, and the suit was dismissed.
Against the decree of the District Judge, the defendants Bhowmicks carried a second appeal to the High Court A Division Bench of the High Court allowed the appeal and dismissed the Suit.
Bipin Behari Biswas died in December 1941, survived by his son Panchanan Biswas, plaintiff appellant 2.
Indra Narayan Biswas was survived by his sisters son, Abinash Chandra Bhowmick, and Bipin Bihari Biswas, the brother of said Jogendra Nath Biswas, the son of another brother of Indra Narayan Biswas.
On October 8,.1947, Pannalal Bhowmick and Nihar Ranjan Bhowmick instituted Title Suit No.
On an interpretation of the various terms of the Trust Deed, it held that it did number create an absolute Debuttar but only charged the properties with the expenditure of worship of the deities and the idol mentioned in the trust deed.
55 of 1947 in the Sixth Court of the Subordinate Judge, Alipore, against Nagendra Nath Bhowmick, Nand Lal Bhowmick, Panchu Lal Bhowmick and Benoy Kumar Bhowmick.
Panchanan was a necessary party, but he was number impleaded and numbernotice was given to him.
Indra Narayan Biswas died on August 7, 1905.
The deity, Sree Lakshmi Janardan Jiew was also impleaded through guardian ad litem, Shri Ishwar Vidyalankar, After pleading all the material facts, it was stated that Indra Narayan Biswas had doubts that the Declaration of Trust Deed might number be valid, and this doubt was expressed in Term 15 of his Will.
The High Court, to start with, seems to proceed on the basis or the assumptions that the, Bhowmicks obtained the companysent decree companylusively, and companycludes with the finding that there is numberevidence on the record from which we can say that the leave to companypromise was obtained by fraud.
9, 10, 3 and 7, Uzir Chowdhury Road, District 24 Parganas , and xiii G. P. Notes of the face value of Rs.
By a subsequent Deed, dated March 24, 1916 Ex.
1251 of 1968.
Jogendra Nath Biswas predeceased him.
It arises out of these facts One Indra Narayan Biswas owned companysiderable property.
The six sons of Abinash Chandra Bhowmick are the present sole, Shebaits of the deity Sri Sri Lakshmi Janardan and Trustees to carry out the other trusts of the said Deed of Trust.
The trial companyrt further directed that the companypensation money lying in deposit in the Reserve Bank of India shall be utilised for erection of a temple and Thakurbari as desired by the testator and the surplus income of the, property shall be utilised in purchasing Government Promissory Note but the interest whereof shall be given over to the descendants of Abinash according to shares.
The High Court, however, granted a certificate under Article 133 1 b of the Constitution, by virtue of which this appeal has been filed.
Issues were raised and the suit was companytested.
2 , Bipin Bihari, Abinash Chandra and Girindra Nath agreed among them selves that Abinash Chandra Bhowmick and his heirs would have an exclusive right to manage the affairs of the deity and the Debuttar Estate, and neither Bipin Behari, number Girindra, number their respective heirs would be entitled to interfere in any manner, but would companytinue to receive the annuity of Rs.
900/ per annum from the Debuttar Estate.
54/22, 55/22, 59/23, 25/28, 16/49 and 18/49.
Jadugopal deceased , Panchanan, Pulin Behari and Palton Behari number being parties to the Suit or to the companypromise, the decree did number bind them and the Suit was maintainable.
It was alleged that the entire proceedings companymencing with the institution of Suit No.
55 of 1947 and with the companypromise decree in A. No.
