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Issues involved: Determination of whether the property in question is a debottar property.
Summary: The property in question was initially owned by Badal Das and Balaram Das, who transferred it to Amar Chandra Dhara, a sebait of a deity, through a registered deed of sale. Amar Chandra Dhara then sold parts of the property to the appellants. Legal disputes arose regarding the nature of the property, with the appellants claiming it was not a debottar property. The Civil Judge ruled in favor of Amar Chandra Dhara, stating that the property was purchased with his own funds. However, the Additional District Judge reversed this decision, concluding that the property was purchased in the name of the deity. The High Court upheld this decision, leading to the current appeal. The appellants argued that the deed of sale did not complete the dedication to the deity, allowing Amar Chandra Dhara to alienate the property. The respondents contended that the deed clearly indicated the property was purchased for the deity's benefit. The court emphasized that the power of alienation is inherent in property transactions and does not necessarily negate debottar status. The court also highlighted the importance of ascertaining the true intention behind such transactions. References to legal precedents such as Maharanee Brojosoondery Debea v. Ranee Luchmee Koonwaree and S. Shanmugam Pillai v. K. Shanmugam Pillai were made to support the arguments presented. The court stressed the need for clear evidence of endowment in debottar cases and the importance of factual considerations in determining dedication status. Ultimately, the court found no merit in the appeal, upholding the lower court's decision that the property was indeed a debottar one. The appellants failed to provide sufficient evidence to challenge this finding. The court dismissed the appeal with costs and directed the compensation from land acquisition to be used for the deity's maintenance. This judgment serves as a reminder of the complexities involved in determining the nature of debottar properties and the significance of factual evidence in such cases.
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