Sri Sri Iswar Sridhar Jew vs Bepin Behari Sadkhan & Anr on 14 May, 2025

Calcutta High Court

Sri Sri Iswar Sridhar Jew vs Bepin Behari Sadkhan & Anr on 14 May, 2025

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OIPD-2
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
Ordinary Original Civil Jurisdiction

IA NO. GA/7/2024
In CS/1765/1930

SRI SRI ISWAR SRIDHAR JEW
VS
BEPIN BEHARI SADKHAN & ANR

Before:

The Hon’ble Justice BISWAROOP CHOWDHURY
Date: 14th May 2025

Appearance:

Mr. Purnendu Das,Adv.

Ms. Gitika Mallick, Adv.

Mr. Meghanil Manna, Adv.

…for the petitioner.

The Court: This is an application filed by the shebaits and Trustees of ‘SRI SRI

ISWAR SRIDHAR JEW DEBUTTER ESTATE’ located at 30 S.N. Banerjee Road Police

Station – New Market Kolkata – 700,013, praying for permission to sell convey and

transfer the premises No. 6, Shib Dey Lane, Police Station New Market Kolkata-

700087, at a price of Rs. 17, 50,000/- to Smt. Kiran Singh wife of Shri Sanjit Kumar

Singh residing at 6, Shib Dey Lane, Police Station New Market Kolkata – 700,087

and/or its nominee on as is and whatever there is basis and for directing the

Registering Authority to register the sale deed of the said premises by treating the

said price as market value.

The facts of the case in brief is that the instant suit was decreed on 13-12-

1933 on the basis of a Terms of Settlement filed by the then parties in favour of the

idol, premises No. 6. Shib Dey Lane, Police Station – New Market, Kolkata-700087

being property of the idol plaintiff herein and is a Debutter property of the said Deity.

According to the terms of settlement of the said compromise decree dated 13-12-

1933 the trustees shall not be entitled to grant any lease for term exceeding 21 years

or sale or mortgage any portion of the Debutter Estate without express sanction of
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this Court. The petitioners being the present trustees having intended to sell this

Debutter property on extreme legal necessity have come out with this application. It

is further contended that the predecessor of the petitioners namely Nagendranath

Sadhukhan was the absolute owner of several properties including the premises No.

6 Shib Dey Lane, Police Station New Market, Kolkata – 700,097. The said property is

one straight four storied with roof top tin shed building fully occupied by old tenants

and unauthorized occupants. The property comprises of a land area of 3 cottahs 2

Chittacks and 13 square feet more or less an old dilapidated brick built building.

Having no income from the property the predecessor in interest of the petitioners and

the petitioners granted the property on lease to – 1) Dhiren Ray Son of Late Jashoda

Ray, 2) Md. Shaif, 3) Md. Shahbar and 4) Md. Sahail and no – 2 to 4 are sons of Late

Abdul Sattar and the said lease was granted by the petitioners and the predecessor

in interest of the petitioners by executing a registered Lease. The said lease was

pending since long as the proper stamp duty and registration fees was not paid by

the lessees and accordingly by execution of surrender of on September 22, 2021 said

lessees surrendered their pendency right in favour of the petitioners.

It is contended that the petitioners as the present Trustees and Shebaits the

petitioners jointly are undertaking all administration works Seba Puja and periodical

festivals of their said family Deity and the Debuttar Estate and Properties. It is

further contended that from the accounts of the Trust or Debutter Estate it will

appear that the income is too meager than that of the present expenditure. While the

expenditure comes to Rs. 9, 50,172/- the net income is only Rs. 1, 03,277/-. The

property being dilapidated and there is no possibility of any development the

petitioners thought to dispose the property to any intending buyer offering best

available price.

It is contended that the petitioners even after appointing real estate brokers

was not able to achieve any price. Thus they were compelled to negotiate with one
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Smt. Kiran Singh wife of Shri Sanjit Kumar Singh residing at 6 Shib Dey Lane Police

Station New Market Kolkata – 700,007 who agreed to buy the property in as where is

basis at a price of Rs. 17, 50,000/- and even the said intending purchaser has

agreed to pay the stamp duty and registration fees for getting effect of registration.

The intending purchaser has also paid Rs. 500,000/- in advance.

Pursuant to the filing of this application by Order dated 7th November 2024

passed by Hon’ble Justice Bivas Pattanayak direction was issued upon Registrar

Original Side High Court Calcutta to cause valuation of the property by empanelled

valuer. In terms of Order dated 7th November 2024 valuation was caused by

empanelled valuer and as per the report of the valuer the property is valued more or

less Rs. 44, 56,797/- (forty four lakh, fifty six thousand seven hundred ninety seven

only).

Pursuant to the submission of valuation report, order dated December-9, 2024

was passed by His Lordship the Hon’ble Justice Bivas Pattanayak directing

publication of sale advertisement in two newspapers. Upon publication of the

advertisement for sale in two newspapers no one turned up expressing willingness.

Upon hearing the Learned Advocate and considering the facts of the case this

Court is of the view that as the petitioners have been able to make out necessity for

causing sale of the property, and as no person turned up pursuant to advertisement

for sale published in two newspapers, the prayer of the petitioners to sell the property

to intending purchaser Smt Kiran Singh with whom agreement for sale is made and

advanced sum of Rs. 500,000/- already received, should be granted.

Let there be an order in terms of prayer a) and aa) of the Notice of Motion dated

2nd August 2024.

Upon completing the sale the petitioners shall submit report before this Court

by 02/07/2025.

It is hereby made clear that with regard to stamp duty and market value of the
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property the petitioner and the purchaser will be at liberty to place the decision of the

Hon’ble Supreme Court in the case of Registrar of Assurance VS ASI Vyapar Private

Ltd in Civil Appeal 8281 of 2022 for assessment of market value of property. In the

event petitioner and the purchaser are aggrieved by the Assessment of stamp Duty by

the Registrar they may prefer Appeal before Competent Authority as per Stamp Act.

Fix 02/07/2025 for report of sale.

(BISWAROOP CHOWDHURY, J.)

A.Bhar (P.A.).