Calcutta High Court
Debuttar Estate Of The Deity Sitapati ... vs Unknown on 4 April, 2011
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
ACR No. 3 of 2010
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF:
DEBUTTAR ESTATE OF THE DEITY SITAPATI RAM CHANDRA JEW
AND
IN THE MATTER OF:
KAUSHAL KISHORE BAJPAI
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 4th April, 2011.
Appearance:
Mr. S. K. Mullick, Adv.
..for the Petitioner Mr. Subrata Goswami, Adv.
..For the Bidder Mr. Sakya Sen, Adv.
..For the Bidder The Court : In this application under Section 7 of the Charitable and Religious Trusts Act, 1920, the Shebait of Deity Sitapati Ram Chandra Jew has sought leave to sell a property at 7, Princep Lane, Calcutta 700 012 that stands in the name of the Deity. 2 The Shebait says that the property yields no income to the Deity and that it has been completely encroached upon by trespassers who do not pay any occupancy charges. The Shebait says that the Deity is housed elsewhere on S. N. Banerjee Road and is not at the Princep Lane property.
According to the Shebait, the funds available with the Shebait are not enough to meet the requirements of the Deity or to observe the several functions during each year.
A case of legal necessity to sell the property has been made out. The petitioner claims to be the only Shebait and this order is made on such representation that the petitioner is the only person entitled to represent the Deity.
Upon the petition being moved, advertisements were required to be published inviting objections from any person to the order that was sought. Some of the occupants at premises no.7, Princep Lane have appeared and have objected only on the ground that they are in occupation of the property and would be seriously jeopardized if such property is sold. An advertisement has also been issued inviting offers for sale of the property. An initial offer of Rs.55 lakh was brought by one Kala Kunj Properties Private Limited. Since the property measures over three cottah in prime trading district in the heart of the town, 3 such offer did not appeal to Court and the offerer was required to revise the offer.
Kala Kunj Properties Private Limited is represented today through its director, Hari Govind Jaiswal, who is present in Court. The alleged occupants at the premises are represented by Md. Muslim, Md. Akbar and a representative of Anwari Begum. The alleged occupants have matched the bid of Kala Kunj Properties Private Limited upto the Rs.80 lakh level whereupon the Kala Kunj has raised its bid to Rs.85 lakh.
It is submitted on behalf of the petitioning Shebait that though the property has been trespassed into, but the Shebait is not aware of the alleged occupants now represented in Court to be in occupation of the property. The highest bidder has also disputed the assertion that the persons who represent the alleged encroachers are in occupation of the property.
The sale of the property at 7, Princep Lane, Calcutta 700 012 is confirmed in favour of Kala Kunj Properties Private Limited, subject to the entire consideration being paid within a period of four weeks from date and further subject to an earnest deposit of Rs.22 lakh being deposited with advocate representing the petitioning Shebait by April 6, 2011. Both the earnest deposit and the balance consideration have 4 to be paid by demand draft or banker's cheque or like instrument, not being a personal cheque. In the event the earnest deposit is not put in within the time permitted, the sale will then stand confirmed at Rs.80 lakh in favour of the alleged occupants, subject to the alleged occupants applying to Court and bringing 25% of the amount offered. In the event the earnest deposit is put in by Kala Kunj but the balance consideration is not deposited within the time permitted, the earnest money may be forfeited and the sale may then be confirmed in favour of the alleged occupants on an application of the petitioning Shebait.
In the event the entire consideration is put in by the purchaser, the money shall be deposited in a bank account with a nationalized bank and only the interest therefrom spent on account of the Deity's needs and daily seba puja and other religious festivities. No part of the principal sum will be touched by the petitioning Shebait without previous leave of Court.
Upon the entire consideration being received from Kala Kunj Properties Private Limited within the time permitted, the conveyance relating to the property should be executed within four weeks thereafter, subject to an appropriate draft deed of conveyance being forwarded within a week of the balance consideration being paid by Kala Kunj Properties Private Limited.5
The sale will be on 'as is where is' basis and the petitioning Shebait will make over a certificate of possession to the purchaser without being required to deliver actual physical possession.
ACR No.3 of 2010 is disposed of without any order as to costs. Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) bp.
A.R(C.R)