- (1.) This revisional application is directed against an order No.27 dated April 25, 2005 passed by Civil Judge (Senior Division), Sealdah in Title Suit No. 18 of 2003 by which an application under Section 151 of the Code of Civil Procedure is rejected.
(2.) The plaintiffs/petitioners filed Title Suit No. 18 of 2003 praying a decree for declaration that the construction of a deed of dedication dated April 22, 1955 by which the line of succession for the shebaitship was made and a further decree for framing of scheme of management for proper performance of the daily seba puja, periodical festivals of the Deities and stable management, control and administration of the Debutter estates.
(3.) The plaint case proceeds on the basis that the matter in dispute relates to a private debutter created and established by one Hem Chandra Naskar and Jogendra Nath Naskar being the sons of Ramkrishna Naskar by deed of Arpannama executed on April 22, 1955. The said Hemchandra and Jogendra Nath endowed, dedicated and bequeathed some of their properties to two Hindu deities established and installed at Premises No. 72, Beliaghata Main Road, Kolkata- 700 010. In the said deed, the aforesaid two settlers appointed themselves as joint shebaits with further stipulation that on the death of any of them, the survivor would act as a sole shebait. After the death of the settlers, the eldest male member of the Jogendra Nath would act as a sole shebait and upon his death, the next eldest of the surviving male heirs of the Jogendra Nath would act as a sole shebait. Both the settlers died on November 13, 1969 and May 26, 1977 respectively. On the death and in terms of the line of succession, the eldest son of the Jogendra Nath namely Ardhendu Sekhar Naskar became the sole shebait who also died on January 20, 1999 and, thereafter, the second son of the said Jogendra Nath, that is, Nabendu Sekhar Naskar became the sole shebait of the said debutter. On the death of the Nabendu Sekhar on October 2, 2000, the fourth son of the Jogendra Nath namely Amalendu Sekhar Naskar became the sole shebait as the third son namely Purnendu Sekhar Naskar pre-deceased him.;