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Judgment
The petitioner has effected service on the respondents pursuant to the direction given passed by this Court on 13th April, 2021. The affidavit of
service is on record.
This application is by one of the heirs of the branch of the Late Pratul Chandra Dey and Late Purna Chandra Dey in relation to Debutter property
which was subject matter of Civil Suit No. 1147 of 1947. Which was decreed by an order dated 9th April, 1959 by which the parties were given
liberty to apply to this Court from time to time for necessary orders. By the said decree the shares as Shebaits of the said Deities were declared and
the Scheme framed together with a Plan apportioning the shares of five branches of the Shebaits and directions given on the branches of the Shebaits
to manage the Deity. A copy of the final decree dated 9th April, 1959 together with the Scheme is part of the application.
Learned counsel appearing for the applicant submits that the heirs of the five groups have been performing the Sheba Puja and periodical festivals of
the Deity and managing the properties allotted to them as the Shebaits for the benefit of the Deity. Each of the five groups are well-demarcated
individual groups. It is also submitted that the properties allocated to the five groups of Shebaits by way of the Scheme are tenanted properties from
which income is derived by the Shebaits. Counsel places various orders by which the properties allocated were permitted to be developed for ensuring
better income from the properties allocated.
The immediate ground for making this application is an offer letter dated 17th July, 2020 from one Sion Construction which has been received by the
applicant who is the heir of the fifth group of Shebaits of Pratul Chandra Dey and Purna Chandra Dey (defendant nos. 2 and 3 in the Civil Suit of
1947). Counsel submits that the applicant may be given leave to negotiate with the tenants and occupiers and act in pursuance of the offer letter for
developing the property in question. The present applicant is the defendant no. 2A-i.
On hearing learned counsel, this Court is of the view that, since the properties between the five groups of Shebaits were clearly demarcated by way
of the Scheme framed following the final decree of 9th April, 1959, there can be no impediment to passing the orders prayed for in this application. A
Plan disclosed with the application that indicates clear demarcation by way of colour where Lot C(3) in which the applicant is interested is shown in
green. There is no overlapping of this Lot with any of the other Lots which, as submitted by counsel, are occupied by the other groups of the Shebaits.
Earlier orders passed in respect of other properties by the Court show that similar orders were passed where prayers for developing the properties
allocated to the Shebaits were granted.
In view of the above, I.A. No.51 of 2021 is allowed in terms of prayers (a), (b), (c) and (d). The applicant is given leave to develop and promote the
property in terms of the offer letter received by the applicant and enter into agreements with the tenants and the other present occupiers of the
property for facilitating construction on the plot of land.
The applicant is also permitted to invest the consideration money out of development of the property or any amounts thereof in a fixed deposit or any
other beneficial account in the name of the Deity as Shebaits of the said Deity.
I.A. No. 51 of 2021 is disposed in terms of the above.