Bhaskar Bhattacharya, J. - (1.) These two appeals were heard analogously as these are preferred against a common judgment dated 27th February, 2004 passed by the Additional District Judge, 3rd Court, Barasat, District - North 24-Parganas by which two different suits being Title Suit No. 1 of 1998 and Title Suit No.2 of 1998 were decreed.
(2.) Title Suit No. 1 of 1998 was originally numbered as Title Suit No. 1 of 1991 and was filed in the Court of District Judge, Alipore by six persons as plaintiffs against four named defendants. Out of the four defendants, the defendant Nos. 1 and 2, namely, Abhijit Roy Chowdhury and Subhajit Roy Chowdhury were described as Sebaits while the present appellants, the purchaser from the parents of the defendant Nos. 1 and 2, was made defendant No.3 and the defendant No.4 was a director of the defendant No. 3. The said suit was filed under section 92 of the Code of Civil Procedure thereby praying for declaration that the premises Nos.121 and 121/1. Kashi Nath Dutta Road, Calcutta, constituted Debutter estate created by one Ganapati Chakraborty, since deceased, and for removal of the defendant Nos. 1 and 2 from Sebaitship of the deities. By the said suit a prayer of constitution of a Board of Trustees was made after removal of the defendant Nos. 1 and 2 with a prayer of mandatory injunction directing the defendant Nos. 1 and 2 to render true and faithful accounts. By the said suit, injunction was prayed for restraining the defendant Nos. 1 and 2 from selling and dealing with or disposing of or transferring any of the Debutter properties with a prayer for sanctioning the scheme for management of the Debutter property.
(3.) Title Suit No. 2 of 1998 was originally numbered as Title Suit No. 372 of 1992 filed in the 3th Court of Munsif, Sealdah challenging the sale of the part of the Debutter properties in favour of the present appellant by the then joint Sebaits on the allegation that such sale was not for the legal necessity of the deity and was not even permissible and was vitiated by fraud.;