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Narendra Nath Lahiri and ors. Vs. Charu Chandra Bose - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in44Ind.Cas.497
AppellantNarendra Nath Lahiri and ors.
RespondentCharu Chandra Bose
Excerpt:
specific relief act (i of 1877), section 9 - possession of thakur bari, what constitutes. - .....judge has found that the plaintiff in the suit brought in his court was in possession of the thakur bari of this thakur and of the site thereof, and has made an order directing that he do recover possession from the rival claimant. his order is attacked before us on the ground that the thakur bari as the residence of the deity or a house of god is open to the public and inasmuch as the defendant has not removed the image of the thakur, it cannot be said that he has dispossessed the plaintiff from the thakur within the meaning of section 9 of the specific relief act. we are unable to accede to this contention. on this earth thakurs and other deities must be represented and their interests protected by mundane persons. the learned subordinate judge has found that the plaintiff was in.....
Judgment:

1. This Rule is directed against an order made by the Subordinate Judge of Alipore under the provisions of Section 9 of the Specific Relief Act. The litigation is between two rival claimants to the sole Shebaitship of a Thakur of the name of Siddeswari. The learned Subordinate Judge has found that the plaintiff in the suit brought in his Court was in possession of the Thakur Bari of this Thakur and of the site thereof, and has made an order directing that he do recover possession from the rival claimant. His order is attacked before us on the ground that the Thakur Bari as the residence of the deity or a house of god is open to the public and inasmuch as the defendant has not removed the image of the Thakur, it cannot be said that he has dispossessed the plaintiff from the Thakur within the meaning of Section 9 of the Specific Relief Act. We are unable to accede to this contention. On this earth Thakurs and other deities must be represented and their interests protected by mundane persons. The learned Subordinate Judge has found that the plaintiff was in possession of this Thakur Bari by appointing the pujari, by defraying the expenses of the deity's worship, by repairing and in fact reconstructing the building, and by holding actual possession of the key by which the door of the Thakurghar is opened. In our view that is physical possession such as the pro-visions of Section 9 of the Specific Relief Act are intended to protect.

2. We, therefore, discharge this Rule with costs, five gold mohurs.


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