Calcutta High Court (Appellete Side)
Smt. Keya Dey (Nee Das) vs Smt. Sibani Rakshit & Ors on 18 February, 2019
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1 18.02.2019
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Item no. 556.
Court No. 14ap C.O. No. 2413 of 2018 Smt. Keya Dey (nee Das) Versus Smt. Sibani Rakshit & Ors.
Mr. Asit Baran Raut, Mr. Asit Kumar Chowdhury, Ms. Ishita Raut.
...For the Petitioner.
Mr. Bidyut Baran Banerjee, Sr. Advocate, Ms. Shila Sarkar.
...For the Opposite Parties.
Title Suit No. 1238 of 2003 filed before the City Civil Court at Calcutta was dismissed on 21st November, 2017.
The suit was filed seeking a declaration that the appointment of trustee made in the year 1991 by the last surviving Shebait, was illegal and void. The suit was dismissed on the ground of limitation.
During the pendency of the suit, a Receiver was appointed to function as Shebait to collect money arising out of the Debuttar property and to maintain the same in general.
After the suit was dismissed, the defendant/revisionist filed an application for discharge of the Receiver, which was rejected on the ground that the plaintiffs have preferred an appeal before this Court being F.A.T. No. 7 of 2018. 2 The said F.A.T. No.7 of 2018 has not yet been taken up by this Court till date nor has it been demonstrated that the opposite parties/appellants have taken any steps in this regard.
It is now well settled that all interlocutory orders come to an end and merge in the final order passed in the suit.
The Receiver must be deemed to have been automatically discharged by reason of dismissal of the suit.
In those circumstances, I find that the order dated 12th April, 2018 is not sustainable and the same is hereby set aside.
The trustee already appointed in the year 1991 by the last surviving trustees shall take over immediately as the Shebait of the said property. The Receiver already appointed in the matter, shall submit full, fair and faithful accounts of all sums collected and expenditure made in respect of the said property within a month from the date to the last appointed Shebait.
An urgency in this regard is demonstrated by the fact that the Municipal Taxes have not been paid by the Receiver for a substantial period of time exceeding 4 to 5 years.
Needless to mention that the order passed herein shall abide by the any order that may be passed in the aforesaid F.A.T. No. 7 of 2018.
With the aforesaid direction, the instant Revisional Application stands disposed of.
3
There will be, however, no order as to costs. Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.
(Rajasekhar Mantha, J.)