consider the controversy from the vantage point of
Debutter vis-a-vis Shebait relationship then also it appears
that plaintiff had a good case ... shebait has not only duties and
obligations to discharge in respect of debutter, he has also a
personal interest in it. As has been pointed
Giri to manage the Mandir, the Ashram and the shops, that are debutter and realize rents from tenants. Jawahar Giri is managing the entire property ... story to usurp the suit property, including the temple and the debutter. The correct facts, according to the defendant, are that the suit property
GODDESS SRI SRI KAMAKHYA
REPRESENTED BY THE BOARD OF TRUSTEES
KAMAKHYA DEBUTTER
KAMAKHYA HILL
GUWAHAT
VERSUS
THE STATE OF ASSAM and ORS
REPRESENTED ... DEITY GODDESS SRI SRI KAMAKHYA
REP. BY THE BOARD OF TRUSTEES KAMAKHYA DEBUTTER
KAMAKHYA HILL
GUWAHATI
4:THE STATE OF ASSAM
REP. BY THE SECY
GODDESS SRI SRI KAMAKHYA
REPRESENTED BY THE BOARD OF TRUSTEES
KAMAKHYA DEBUTTER
KAMAKHYA HILL
GUWAHAT
VERSUS
THE STATE OF ASSAM and ORS
REPRESENTED ... present writ petition is preferred by the Chairman, Kamakhya
Debutter Board, Kamakhya Hill, Guwahati and by the Deity of
Goddess, Sri Sri Kamakhya, represented
management to manage the temple aforesaid and agricultural land that was debutter, owned by the Deity Shivji Maharaj.
3. The defendant-revisionists moved an application ... revenue records, the agricultural land, dedicated to the temple as debutter, shows it to be a public endowment/ trust, created for the benefit
follows:-
The Shebaits are carrying on the activities related to the Debutter
Estate in terms of the Will of Late Baikunthanath Dutt ... referred by the plaintiff, it was held that
in case of partial debutter, the property descents and is alienable and
partible in the ordinary
1337 under Mouza-
Bagshan.
It is submitted that the property is a debutter property
and the right, title and interest of the deity, had been ... right, title and interest of the deity in respect of the debutter
2
property is preserved. The property must be saved from
encroachment and damage
Patna High Court held that
the relevant question is whether the debutter appointed the
pujari as a shebait. Ramaswami, J. held : (SCC OnLine Pat para ... that of the idol
and claim a proprietary interest in the debutter property. Where
a person claims to be the de facto shebait, the right
deity "Shri Ram Chandraji" and the property became debutter property. He then contended that registered deed dated 17.8.1949 by Kedar Nath Mishra
order to show that the petitioner is the manager of the said
debutter property and a trustee. It is alleged that the
respondent ... substantiate the claim
of the petitioner as the manager of the debutter property.
Mr. Mukherjee, learned advocate appearing on behalf
of the respondent