SRI JAGANNATH MAHAPRABHU AND ANR. Vs. KUMAR BIMAL CHANDRA SINGH AND ANR.

JUDGEMENT

(1.) THIS is a Plaintiffs appeal from a judgment of the learned Subordinate Judge, Puri, in a suit filed them against the Defendant under Order 21, Rule 63 Code of Civil Procedure for a declaration that the suit properties are Amruta -manohi properties of Lord Jagannath and that the Defendants are not entitled to proceed in execution against them for realisation of their decretal dues and for injunction restraining the Defendants from proceeding in Execution Case No. 343 of 1947 in the Court of the Subordinate Judge, Puri.

(2.) THE background in which the dispute arose is shortly this Mahant Badri Narayan Ramanuj Das Guru the late Mahant Govind Ramanuj Das was purchaser of Miadi Sarbarkari tenure, Garh Mrugasira, belonged to Dibyasingh Harichandan and others. The period of settlement of the said Sarbarakari tenure having terminated on the expiry of the term of the Orissa Settlement made in 1897, Rani Harsamukhi the predecessor -in -interest of the Defendants as landlord brought a title suit in the Court of the Subordinate Judge, Cuttack, being O. Section No. 41 of 1928, for recovery of possession of the aforesaid tenure. The said litigation was fought up to High Court who ultimately upheld the decree in favour of the Rani. Thereafter there was an investigation regarding the amount of mesne profits to which the Rani was entitled. That matter also was carried up to the High Court and the amount of mesne profits which the present Defendants as successors -in -interest of the said Rani were to get from the said Mahant Govind Ramanuj Das was ultimately fixed at Rs. 73,804/ -. It was in connection with the execution proceedings for realisation of the said mesne profits and costs that certain execution cases had to be filed which formed the genesis of the suit culminating in the present appeal.

(3.) THE only point for consideration in this appeal is whether the properties in dispute consisting of the said 11 items in respect of which the learned Subordinate Judge had found against the Plaintiffs belonged to Lord Jagannath or to the Math. In other words the whole question is whether the properties in dispute are Math properties or Lord Jagannath's properties.