Decided on April 05,2009

Sree Jagannath Bairagy Appellant
Sree Sree Kanailal Jew Bigraha Respondents


MD.ABDUL MATIN, J. - (1.) This petition for leave to appeal is directed against the judgment and order dated 21.04.2008 passed by the High Court Division in Civil Revision No.5583 of 2000 discharging the Rule affirming the judgment and decree dated 31.08.2000 passed by the learned Subordinate Judge, Additional Artha Rin Adalat No.2, Dhaka in Title Appeal No. 221 of 1995.
(2.) The facts, in short, are that the respondents as plaintiffs as next friend of shebait committee instituted a suit for declaration that two deed of gift dated 12.07.1979 and 30.07.1979 executed and registered by the Sree Sree Kanailal Jew Bigraha represented by its Shebait Sree Lakshmi Bairagy to defendant No.1 are illegal, inoperative, collusive and not binding upon the plaintiff.
(3.) The facts of the case are that the property in suit 'Ka' and 'kha' schedule originally owned and possessed by Murari Dhar Madha Sathadhikari who took permanent settlement from zamindar Harendra Kumar Roy Chowdhury. Before preparing C.S Khatian the said zamindar dedicated by way of Endowment the suit property and some other property and installed the deity Sree Sree Kanailal Jew Bigraha for performances of Seba Puja, Archna and religious festivals as a public Debottor property, Sreemati Zugal Dasshya and Usha Rani Dashya were the owner of the Ka" schedule property appertaining C.S. and S.A Dag Nos. 1720 and 21 measuring suit lands .48, 1.49 and 1.36 decimals respectively by a pattan nama. Subsequently they executed and registered in favour of the Deity on 11.031956 by a deed of gift No.44774 with a condition that the said properties could not be sold by any one. The said endowment was public in nature. Thereafter some local religious people nominated a pujary Radha Raman Das by name for performing the seba-puja of the said Deity. Since then the said Radha Raman Das was performing the Sheba puja. But though the C.S khatian was correctly prepared in the name of Sree Sree Kanai Lal Bigraha but wrongly prepared in the name of Radha Raman Das as Shebait, the suit land is public Debattor property, as much Radha Raman Das was not a Shebait of the Deity but he was only a pujary. The said Radha Raman belonged to a Maroary or aria community. He appointed Lakshmi Baisnabi Bangalee women for helping him to perform the seba puja. After the death of said Radha Raman Bairagy the religious people of the locality decided to continue the position of the Lakshmi Bairagy. But C.S Khatian was prepared correctly in name of Sree Sree Kanailal Bigraha, but wrongly prepared in the name of Lakshmi Baishnabi wife of Radha Raman as a Shebait, Lakshmi Baishnabi was only her seba Dashi and the said Lakshmi Baishnabi was maintaining celibacy and was childless. Accordingly, Lakshmi Baishnabi had no right, title, interest and possession over the suit land.;

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