LAWS(CAL)-1973-4-1

PANNA BANERJEE Vs. KALI KINKOR GANGULI

Decided On April 11, 1973
PANNA BANERJEE Appellant
V/S
KALI KINKOR GANGULI Respondents

JUDGEMENT

(1.) This appeal is directed against a judgment and decree dated November 29, 1971. The decree was passed in a suit instituted by the first respondent Kali Kinkor Ganguli in this Court for a declaration that he was the sole owner of premises No. 244, Bowbazar Street, Calcutta and was the sole shebait of Firingi Kali and the other deities installed in the premises. There is an alternative prayer in the plaint for a declaration that the first respondent is entitled to an undivided half share in premises No. 244, Bowbazar Street, and to half the pala in the sheba of the Firinhi Kali and the other deities installed there.

(2.) It is not disputed that this temple is the abode of the deity popularly known as Firinsi Kali and several other deities. It is necessary to trace the historical background to the dispute. One Ramkanta Pal constructed a Shiva temple, and installed the deity Shiva, on a piece of land measuring 11 Chittacks and 11 gandas at 244, Bowbazar Street, Calcutta, which stood in the name of his father Beni Madhab Pal in the records of the Calcutta Collectorate. Ramkanta became the shebait of Shiva. Thereafter in or about 1820, Kali Prasad Pal and Gouri Prasad Pal, the two sons of Ramkanta Pal, orally transferred the temple, together with the idol Shiva, and shebaity right of the deity, to one Srimanta Pandit. Srimanta Pandit carried on the sheba of the deity after taking possession of the temple. He constructed a small brick-built one storied room thereon, and installed the idols of Goddesses Kali, Sitala. Manasha and Shaligram Shila and carried on the sheba of the deities at the temple for more than 60 years without interruption.

(3.) In 1880 Srimanta Pandit by a registered deed transferred the said temple together with the deities and the shebaity right of the deities to one Sashibhusan Banerjee for a sum of Rs. 60/-. Sashibhusan after purchase of the temple with the deities took possession of the temple and performed the sheba of the deities till his death on August 24, 1894. He left behind him two widows Sm. Paripurna Debi and Sm. Pramila Sundari Debi. After the death of Sashibhusan his elder widow, Paripurna Debi carried on the sheba puja of the deities during her lifetime, and on her death on April 10. 1905, one Rakhal Chandra Mukherjee brother of Sm. Puripurna Debi, took possession of the temple premises and ousted Sm. Pramila Debi from the possession of the premises and also from the shebaity of the deities.