TRIDANDEESWAMI BHAKTI KUSUM SRAMAN MAHARAJ Vs. MAYAPORE SREE CHAITANYA MATH
HIGH COURT OF CALCUTTA
TRIDANDEESWAMI BHAKTI KUSUM SRAMAN MAHARAJ
MAYAPORE SREE CHAITANYA MATH
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M.M.Dutt, J. -
(1.) This appeal has been preferred by the defendants Nos. 1 to 6 against the judgment and order dt. December 11, 1979 of the learned trial Judge refusing to revoke the leave under Clause 12 of the Letters Patent and also under Section 92 of the Civil P. C.
(2.) Mayapur Sree Chaitanya Math, a society registered under the West Bengal Societies Registration Act, 1961 and 10 members of its Governing Body are the plaintiffs. Defendant Nos. 7 to 11 are also the members of the Governing Body of the Society. The case of the plaintiffs is that on March 27, 1918 Sree Chaitanya Math was founded by one Bimala Prosad Dutta, also known as Shrila Bhakti Siddhanta Saraswati. By his will dated May 18, 1923 he dedicated all his properties, moveable and immoveable, to the deities Sree Sree Guru Gouranga Gandharbika and Giridhari Jew installed at Sree Chaitanya Math at Mayapur. He died on January 1, 1937.
(3.) After the demise of the said Bimala Prosad Dutta, a dispute arose among the shebaits, namely, Kunja Behari Das Bidyabhusan and Paramananda Brahamachari on the one hand and Ananta Vasudeb Brahmachari on the other. It may be staled here that the said Ananta Vasudeb Brahmachari registered a society named, Gaudiya Mission Society, under the Societies Registration Act. The said Kunja Behari Das Bidyabhusan and Parmananda Brahmachari filed a suit in this Court being Suit No. 2159 of 1940 against the said Ananta Vasudeb Brahmachari and Gaudiya Mission Society and others for a declaration that all the Math properties were the debutter properties of the deities of Sree Chaitanya Math, that they were entitled to manage the Math as Shebaits of the deities, and that the Gaudiya Mission Society had no right title or interest in the Math properties. The said suit was eventually compromised between the parties, and a consent decree was passed in accordance with the terms of settlement Under the compromise decree, all the properties belonging to the said deities were divided into two parts. Some of the properties were declared to be the properties of Sree Chaitanya Math and some to be the properties of Gaudiya Mission Society. We are, however, not concerned with the properties allotted to Gaudiya Mission Society.;
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