Biswanath Mitter vs K. C. Basu

Ashis Kumar Chakraborty, J

The Court : The applicants in this application are the three sebaits of the trust estate of Raja Sir Radha Kanta Deb Bhadur, since deceased (hereinafter referred to as "the trust estate").

The trust estate comprises various movable and immovable properties situated at different places in and around the city of Kolkata. As per the Will by which the said settlor all his immovable properties in favour of the trustees named therein, the family dwelling house of the settlor situated at Raja Naba Kissen Street, Kolkata (hereinafter referred to as "the Thakur Bati") and some other properties was set apart and dedicated to the worship of the family idols and for the performance of other religious rites and festivals.

In the year 1868, the administration suits, being suit nos. 155 and 220 of 1868 were filed before this Court for various reliefs including a prayer for framing of a scheme for administration of the trust estate. Subsequently both the administration suits were consolidated.

In the administration suits, various orders were passed from time to time. By an order dated July 03, 1935 this Court directed that for preservation of the said trust estate, parties would be entitled to make any application in the two consolidated administration suits. From time to time, with the change of circumstances there was appointment of new trustee of the trust estate. In an application filed in the consolidated administration suits by some of the shebaits of the deities on October 7, 1996 a learned single Judge of this Court appointed four of the shebaits to be the interim trustees of the interim Board of Trustees of the trust estate. The said four trustees were Shri Rathindra Narayan Deb, Smt. Arati Deb, Shri Ranandra Nath Mitra and Smt. Chhabi Bose. By the said order, the trustees of the interim Board of Trustees were directed to work in unison in discharging various duties towards the administration of the trust estate. Subsequently, by an order dated April 9, 1999, the interim order dated October 7, 1996 was confirmed subject to the clarification that the Board of Trustees appointed on October 7, 1996 should be entitled to act by the majority decision. Thus, the said interim trustees became the trustees of the trust estate. There was no grievance by any of the shebaits against any of the said four trustees towards discharge of their duties towards the administration of the trust estate, comprising the deity properties. However, all the said four trustees have since died and, as such, there is a necessity for constitution of a new Board of Trustees of the trust estate. On May 27, 2018 the shebaits of the deities held a meeting and they have elected four of the shebaits of the deity, namely Sri Saibal Narayan Deb, Sri Dilip Narayan Deb, Sri Tapas Bose and Sri Debraj Mitra to be the new trustees of the Board of Trust Except with regard to the appointment of Sri Debraj Mitra, all the shebaits had agreed to the selection of the new trustees. In this application, the applicants have prayed for appointment of the new trustees of the Board of Trustees and some other reliefs mentioned hereinafter.

With regard to Sri Debraj Mitra, it was alleged by the applicants in this application even after long expiry of the pala (i.e., his turn to performe the Puja of the deities) that he wrongfully continued with the occupation of a portion of the Thakur Bati, However, during the pendency of this application, Sri Debraj Mitra has not only vacated the said property and he has also given an undertaking before this Court that, in future, he will forthwith to vacate the Thakur Bati immediately after his pala (turn of seva puja).

With the above undertaking of Sri Debraj Mitra, all the shebaits are ready to accept him also as one of the members of the Board of Trustees of the trust estate. The applicants as well as all the other shebaits appearing before this Court have agreed that the aforementioned four persons may be appointed as a new trustees of the Trust Board of the trust estate. Accordingly, Sri Saibal Narayan Deb, Sri Dilip Narayan Deb, Sri Tapas Bose and Sri Debraj Mitra are appointed as the new trustees of Board of Trustees of the trust estate of Raja Sir Radha Kanta Deb Bhadur, since deceased. The said trustees shall discharge their duties in terms of the order dated October 7, 1996 as confirmed by the order dated April 9, 1999. The Board of Trust shall be entitled to act by majority decision of the trustees. As suggested by the applicants and the other shebaits the life of the new Board of Trustees shall be valid for a period of three years with effect September 1, 2019. After expiry of each period of three years, the shebaits will be entitled to select new trustees of the Board of Trustees by election, subject to confirmation by this Court.

The shebaits have also prayed for an order to allow the trustees of the newly constituted Board of Trustees to operate the bank accounts of the trust estate. Accordingly, all the concerned banks with whom the erstwhile Board of Trustees were maintaining accounts with regard to the trust estate of Raja Siv Radha Kanta Deb Bahadur are directed to allow the trustees of the Board of Trustees appointed herein to operate bank account of the said trust estate.

It is further directed that all the shebaits shall vacate the said Thakur Bati forthwith after the expiry of his/her turn to perform the sheba puja of the deity. Any breach of this direction shall entail coercive actions against the erring shebait, including cancellation of his/her shebaiti right or termination of his/her appointment as a trustee of the Board of Trustees of the trust estate located at the Takur Bati premises no.33R, Raja Naba Kissen Street .

In the event, any of the trustees of the Board of Trustees of the trust estate commits any act which is contrary to interest of the trust estate, any of the shebaits shall be entitled to approach this court seeking appropriate relief, against him/her.

The applicants, as well as the other shebaits have also prayed for an order for sale of one of the immovable properties of the trust estate, being a portion of the market, namely, Hatibagan market situate at premises no.81, Bidhan Sarani, Kolkata - 700 005. The ownership of the trust estate in the said market comprises 1 bigha 4 cottah 5 chittack and 2 square feet of land located at the middle of the market. The newly appointed Board of Trustees shall be entitled to sell the portion of the said Hatibagan market at premises no. 81, Bidhan Sarani, Kolkata - 700 005, belonging to the trust estate of Raja Sir Radha Kanta Deb Bahadur, since deceased, on as is where is basis, at a reserved price of Rs.5 crore by public auction or by private treaty as they may deem fit.

It appears that in terms of an order dated October 7,1996 passed by this Court in the consolidated administration suits, the Registrar, Original Side of this Court is holding the keys of the locker of the trust estate located at the Thakur Bati premises no.33R, Raja Naba Kissen Street. At the instance of the applicants and the other shebaits present before this Court, the Registrar, Original Side of this Court is directed to open the said vault and make an inventory of all the articles/ornaments lying in the said vault. After making the inventory of the said articles/ornaments the Registrar, Original Side of this Court shall cause the same being valued by an approved valuer. The fees of the valuer shall be borne by the Board of Trustees of the trust estate.

The Registrar, Original Side shall complete the exercise of invetorising the articles/ornaments lying in the aforementioned vault at the Thakur Bati and valuation thereof within November 30, 2019 and shall thereafter, make over the keys of the vault to the trustees of the Board of Trustees within December 10, 2019.

The trustees of Board of Trustees of the trust estate shall make available to all the shebaits the copies of the inventory list of the articles/ornaments lying in the said vault prepared by the Registrar, Original Side of this Court as well as the copies of valuation report of the valuer engaged by the Registrar, Original Side of this Court.

With the above directions the application, G.A. No. 1315 of 2019 stands disposed of.

There shall, however, be no order as to costs.