SHYAMA SUNDARI DASI DEVI Vs. RAMAPATI CHATTOPADHYA
HIGH COURT OF CALCUTTA
SM. SHYAMA SUNDARI DASI 'DEVI'
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R.N.Dutt, J. -
(1.)These two Rules are taken up together as they arise out of the same order. The petitioner in Rule No. 1508/72 are two defendants in the suit instituted by the petitioner in Rule No. 1759/72 as plaintiff.
(2.)The plaintiff filed the instant suit in the court of a Munsif at Alipore. The plaintiff has in the suit prayed for a declaration that the two documents dated November 9, 1966 and March 17, 1967, both executed and registered at Rampurhat were obtained by fraud and as such void and invalid and for permanent injunction restraining the defendants from interfering with the plaintiff's possession in the lands covered under those documents and from exercising any rights as shebaits of deity Shri Shyamrai Deb Thakur.
(3.)The deity represented by the plaintiff was made defendant No. 1 and the petitioners in Rule No. 1508/72 were made defendants Nos. 2 and 3. Defendants Nos. 2 and 3 filed written statement and raised an objection that the Munsif at Alipore had no territorial jurisdiction to entertain the suit. The Munsif has held that the Alipore Court has no territorial jurisdiction in respect of the document dated November 9, 1966; but the Alipore Court has territorial jurisdiction in respect of the document dated March 17, 1967. Defendants Nos. 2 and 3 obtained Rule No. 1508/72 against the finding of the Munsif that he has territorial jurisdiction for the suit in respect of the document dated March 17, 1967 and the plaintiff has obtained Rule No. 1759/72 against the finding of the Munsif that he has no territorial jurisdiction in respect of the document dated November 9, 1966.
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