GIRI BALA DEVI(CHAKRABORTY); PRASENJIT CHAKRABORTY ALIAS TUNU; SANJOY CHAKRABORTY Vs. BAKUL CHANDRA CHAKRABORTY

JUDGEMENT

(1.) This regular second appeal was admitted on the following question of law : "Whether Sevayatship and Priestship are one and the same".

(2.) Briefly stated the facts relevant for decision of the case are that the original plaintiff Smti Giri Bala Devi(Chakraborty) had 2(two) Anna's share in the priesthood of Sree Sree Mata Tripura Sundari Devi temple at South Tripura District, Udaipur. Therefore, she was entitled to 1/8th share in the earnings of money and other offerings offered by the devotees in the temple. The plaintiff is the daughter of Lt. Ram Kumar Chakraborty who was a priest in the temple having 2(two) Anna's (1/8th)share in the priesthood. Her father died a long time back and after his death, the mother of the plaintiff inherited this right. There was no male child of Ram Kumar Chakraborty and after the death of her parents, Giri Bala inherited the right and continued to enjoy that right after the death of her mother.

(3.) The plaintiff being a woman could not perform the priestly duties in the temple. She, therefore, appointed Sri Bakul Chandra Chakraborty as her representative to conduct 'puja' on her behalf. However, one other priest Sri Jagadish Chandra Chakraborty interfered and was not permitting Bakul Chandra Chakraborty, representative of the petitioner for carrying out the puja. Earlier Jagadish Chandra Chakraborty had filed a suit against Giri Bala being Civil Suit No.18 of 1967 in the Court at Udaipur praying for a decree of declaration that it was he who was entitled to inherit the share of Giribala's father. This suit was dismissed as withdrawn on 21.7.1967.