they have made him the case of the club Chandra.
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Answer:
Judgment On : 31-07-2008.
There are two suits between the parties. First of such suits being Title Suit No.182 of 1988 was a suit for declaration of title and for permanent injunction. The said suit was filed by Pratapaditya Road South End Club (hereinafter referred to as 'the club') and its office bearers against Subhra Mukherjee and others. The said suit was filed by the said club and its office bearers in the representative capacity with the permission of the learned Trial Judge under Order 1 Rule 8 of the Code of Civil Procedure. At the time of institution of the said suit the plaintiff club was an unregistered club but subsequently during the pendency of the suit, the said club was registered under the Societies' Registration Act. Thereafter the plaint was amended and the plaintiff club was shown as registered club in the Cause title of the plaint. The plaintiffs, in fact, claimed title in respect of the suit property by way of adverse possession. The plaintiffs claimed that the said club was established in the year 1935 and the suit land was all throughout in the uninterrupted, continuous and exclusive possession of the members of the plaintiff club openly and adversely. The plaintiffs further claimed that the members of the plaintiff club have been using the suit land as a playground throughout the year. The plaintiffs also organize various Pujas namely Sri Sri Durga Puja, Lakshmi Puja, Kali Puja, Saraswati Puja in every year. Various activities are going on in the suit land for more than fifty years without any interference of anybody. The plaintiffs have been using the same adversely, openly and continuously for more than fifty years by asserting hostile title in the suit land. The plaintiffs, thus, claimed that the plaintiffs have acquired hostile title in the suit property by way of adverse possession. Accordingly, declaration of plaintiffs' title was sought for in the said suit. A decree for permanent injunction was also sought for against the defendant in the said suit. On transfer of the said suit from the original Court to the Court of the learned Civil Judge, Senior Division, 8th Court at Alipore, the said suit was renumbered as Title Suit No.90 of 1999.
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We now come to that part of his life, where he had to bring all his talents, energies, perseverance, and activity into action to fight manfully and heroically with his own countrymen in a field of social reform, which caused so great an agitation throughout the length and breadth of the land, as not to be met with in the recent history of the country, and which made his name known to every native of the soil. The rules of the Hindu Society of modern times do not permit remarriage of the widows of their religious faith. The orthodox Hindu community follow the tenets of their Sastras as rigorously and faithfully, as they adhere closely to the customs of their country. In former days, Hindu widows, in general, followed their deceased husbands by concremating themselves in their funeral pyres, thus showing to the world the glory of Indian Satis (literally, 'Chaste women'), and those who lacked so much fortitude and courage, led, all the rest of their days, a rigidly ascetic life. But since the abolition of the practice of Sati by Lord William Bentinck in 1829, the Hindu widows have had no other alternative left, than to pass a purely ascetic life. Vidyasagar's naturally gentle and compassionate heart was moved at the sight of the tender-aged, young widows suffering rigorous hardships, and he was firmly resolved to devote his life to the cause of the remarriage of Hindu widows, as in days past, Raja Ram Mohan Ray had sacrificed his life in his endeavours to prevent the practice of concremation of Satis.
This resolution had sat deeprooted in his mind from his early years. It is said, that Vidyasagar had a girl-playmate at Birsingha. He was very fond of her. After he had been separated from her, and had come down to Calcutta for education, she was married at an early age, but, in a short time, her husband died, and she was a widow. When Vidyasagar next went home during one of his college-vacations, he was deeply sorry to hear that his dear playmate had been married and had lost her husband. He immediately called at her house to see her, and there learnt that she had not eaten anything that day, because it was the eleventh day of the moon (which is a day of fasting for Hindu widows). He felt so much commiseration for the little girl, that he, then and there, resolved that he would give his life to relieve the sufferings of widows. He was at that time only 13 or 14 years old.
It is also said, that when he was still a pupil in the Sanskrit College and was come home during another vacation, he came to learn that a young widow of a respectable family had formed an illicit connection with a young man, and as a fruit of that connection, she had been pregnant, that various means had been adopted to bring about abortion, but those proving unsuccessful, she had given birth to a very nice child, and that, in order to avoid exposure and shame, the cruel mistress of the house had throttled the baby to death in the nursery. This sad tale touched the very core of his sympathetic heart, and he was resolutely determined to do something for Hindu widows.
Although Vidyasagar's soft heart melted at what appeared to him to be the most miserable distress of the widows, he did not think fit, and that rightly, to broach the subject in public, until he could alight upon Sastric proofs. It is said that, at this period of his life, he devoted all his thoughts on this subject. He passed his days and nights in the rooms of the Sanskrit College, studying all the ancient Sastras of the Hindus. We have already said in a previous chapter that, at this time, he hardly slept in the night, supping generally at Syama Charan Babu's house, which stood in front of the Sanskrit College building, and always breakfasting at his friend, Raj Krishna Babu's. After infinite toil and pains, one night, he suddenly bounced up in ecstacy and cried out loudly:—'I have, at last, found it.' The cause of his so excessive delight was a passage of the "Parasar-Sanhita,"