JAGANNATH DEB ROY Vs. BYOMKESH ROY

JUDGEMENT

(1.) This appeal is preferred by the plaintiff against an appellate judgment and decree of affirmance.

(2.) The appellant filed a suit for a declaration that the disputed properties were the absolute Debuttar Properties and by virtue of transfer the plaintiff acquired the Shebaiti right to the extent of six annas odd gandas to the exclusion of the defendant respondents Nos. 1 and 3 who claimed under the same shebaiti right by virtue of a Will left hy same transferor one Satish Chandra Roy and for permanent injunction and for other reliefs.

(3.) I need not repeat the facts of the case which are fully set out in the judgment of the appellate court. The controversy centres round the question whether by the deed of transfer named as 'Arpannama' dated 12-6-1935 the transferor Satish Chandra Roy who was admittedly a Co-shebait of the family Deity of Roys "Sri Sri Radhakanta Jew Thakur" transferred absolutely his Shebaiti right to the present plaintiff. It is admitted in this case that the disputed properties are the absolute Debutter properties of the Deity. It is also admitted that along with the Arpannama Satish Roy executed one 'Ijarapatta' (lease) in favour of the defendant No. 5, brother of the plaintiff, on the same date for thirty years in respect of the disputed properties. Now, the case of the plaintiff in substance is that by the Arpannama and by the Ijarapatta the entire Shebaiti right of Satish Roy was transferred absolutely to the present plaintiff a co-shebait and out of the rent of Rs. 190/- reserved in the Patta the appellant would be entitled to get Rs. 100/-to carry on the Seba Puja of the Deity forever. The defendants Nos. 1 and 2 grandsons, and the defendant No. 3, a son of Satish Roy, who died on 14-10-1949 set up his will and claimed the Shebaiti right in his share and denied the plaintiff's claim of Shebaiti right. Some of the other defendants who were the Co-shebaits filed written statement supporting the case of the plaintiff.