The Matter relates to State of West Bengal
A Private Trust comprising of a Hindu Temple with Goddess Durga Deity is managed by several Trustees who are members of same family and out of them , they have appointed one sebait.The said Trust has sold and registered one plot of land to me belonging to Trust after unanimously passing a Resolution authorizing the Sebait to execute the sale deed on the legal requirements of the maintenance of the temple and deity. Factually the trustees are very old generation people and have not touched a single penny out of sale proceeds. All the sale proceeds is well accounted for, audited and is genuinely used towards the needs of maintenance of the deity. There have been one Lessee in the same plot which have been sold to me with such lease encumbrance. The Lease period ends in 2025 with no option of any extension or otherwise. The Lessee is a defaulter towards Lease Rent and other statutory outgoings for more than 15 years and upon demand threatens that the sale so made by Trust is illegal as it has not obtained permission from a court and as such he would sue trust and me for seeking the cancellation of sale deed. On the other hand neither trust ( when it was an owner) and now myself do not disturb the lessee in any way, and only wish him to continue till his lease tenure and pay up due running into several lac of rupees, but he does not come forward to pay up. I am even ready to extend his lease tenure on fresh terms and agreement but he is not interested to incur the payment of necessary stamp duty. It is just victimization for his being in possession. Under such circumstances I seek expert opinion ( even on professional terms) as to what is the actual position about alienation / sale of such debuttor land or property in west Bengal. Also an opinion about the validity of sale which has taken place between trust and myself .
Thanks & Regards.
