Decided on August 19,1983

AMAL DEB Appellant


M.M.Dutt, J. - (1.) This is an application praying for the stay of the operation of the order dt April' 19, 1983 of R. N. Pyne,, J., whereby the learned Judge confirmed the sale by the trustee to the Radha Kanta Deb Trust Estate of three parcels of land of the said Trust Estate measuring 9 cottahs, appertaining to premises No. 33/R, Raja Naba Kissen Street, Calcutta.
(2.) Raja Sir Radha Kanta Deb Bahadur of Sova Bazar Raj family died leaving a Will and Testament dt. Aug. 3, 1863 whereby he created a Trust in respect of his properties and appointed one Ananda Krishna Bose and one Shyamlal Mitra, both since deceased, as his executors and trustees in respect of his said Will. It appears that a scheme was framed by this Court on Mar. 1, 1944, and the management and affairs of the Trust was carried on by the trustees under the said Scheme of Management. From time to time, such Scheme of Management was modified under the orders of this Court. Sunilendra Krishna Deb is the present trustee to the said Trust Estate. He has been appointed the sole trustee by this Court.
(3.) It is not disputed that Raja Radha Kanta Deb Bahadur installed some Deities in the temple or Thakur Bari situate at 33/R, Raja Naba Kissen Street, Calcutta. It is also not disputed that by the Will he made provisions for the appointment of Shebaits and the trustees were directed to meet all expenses of the Seba Puja of the Deities and other religious festivals. The temple or the Thakur Bari of the Deities has been in a dilapidated condition. In order to renovate the temple or Thakur Bari of the Deities, a prayer was made before this Court for the sale of a part of the Trust Estate so that the work of renovation or repair of the Thakur Bari could be done with the sale proceeds.;

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