S C MUKERJI Vs. GANGABAI

JUDGEMENT

(1.) THIS second appeal is by the plaintiffs whose suit for a permanent injunction was dismissed in the Court of appeal below. In the trial Court the plaintiffs had succeeded.

(2.) THE appeal in the Court below was decided only on one point, viz. , that the plaintiffs had no right of suit. The plaintiffs belong to the Bengali community, though they have not sued in a representative capacity. One Babu Sharda Kumar mukherji made a will-- (Ex. P/4 in 1930), by which he left his house and other property absolutely to his daughter. In the house it was customary to instal at Dasehra the image of Debi, and this sight was continued to the Bangalis of Sagar, unless it was abandoned for five years.

(3.) THE defendant constructed two doors towards the Western side of her house, and it was alleged she started using the land appurtenant to the houpa where the debi is installed as a passage. She also constructed drains and nabdans and used the passage for the sweeper. The suit was filed for a permanent injunction prohibiting her from such user.