Bhaskar Bhattacharaya, J. - (1.) This second appeal is at the instance of plaintiffs in a suit for declaration khas possession, framing of a scheme etc. and is directed against the judgments and decree dated July 24, 1978 passed by the learned Additional District Judge, Birbhum in title Appeal No. 213 of 1975 thereby reversing those dated September 29, 1975 passed by the Learned Subordinate Judge, Birbhum at Suri in Title Suit No. 70 of 1969.
(2.) The appellant herein are the deity and the sebaits. In the cause title of the plaint the named sebaits have described themselves as for themselves and on behalf of the gentlemen of the village-Nirvaypur and also on behalf of "Atmiya and Kutumbas" of late Umesh Chandra Saha and Brojendrabala of Suri Town. The said suit was filed after taking leave under Order 1 Rule 8 of the Civil Procedure Code. In the suit the plaintiffs prayed for declaration that "Sebait Niyog Patra" dated November 21, 1967 executed by Brojendrabala in favour of defendants was void and invalid document and not binding upon the plaintiffs deity and the sebaits and for further declaration that gentlemen of the Village-Nirvaypur and the relatives and agnates of Brojendrabala and Umesh Chandra of Suri Town are the sebaits of the deity. In the said suit prayer for Khas possession, and for account were also prayed. Subsequently, an added prayer was made thereby praying for framing a scheme for management of the disputed property.
(3.) The Learned trial Judge on contested hearing decreed the suit in part thereby granting the following reliefs : "The suit be and the same is decreed in part on contest without costs against the defendants. It is hereby declared that the 'Sebait Niyogpatra' deed marked ext. A purported to have executed by Brojendrabala is void and invalid document and not binding upon the plaintiffs and other sebaits of the deity Sree Sree Durgamata Thakurain in Dharmarajtola in the village Nirbhoypur whom these plaintiffs are representing and they are the real shebaits after the death of Brojendrabala Dasi and the defendants have no right to retain the 'Ka' and 'Kha' schedules properties and the R.S. record prepared in their names are declared to be wrong. The defendants do vacate the possession of the suit properties in favour of the plaintiff, failing which the plaintiff will get possession of the properties through court. A scheme for smooth running of seva puja of the deity will be framed and for that purpose the plaintiffs are directed to submit the scheme within 60 days from date. Other reliefs, as prayed for by the plaintiffs, are however dismissed.";