NEMAI CHAKRABARTY Vs. BANSHIDHAR CHAKRAVARTY

JUDGEMENT

(1.) The plaintiff is the appellant in this Court. The plaintiff filed a suit for permanent injunction. The case of the plaintiff may briefly be staled as follows:--

(2.) By an Arpannarna dated 3-10-29, Chandi Charan Chakraborty and Baladeb Chakraborty dedicated and transferred the property described in Schedule A of the plaint to their ancestral Deity Sri Sri Sitala Debi Thakurani installed in some portion of the suit premises. They appointed themselves as shebaits and devolved a scheme of shebaits for performance of puja and seva of the said Deity. They also agreed to perform the seva by pala system in alternate months. The plaintiff is one of the sons of Chandi Charan and the defendants Nos. 2 to 4 are the sons of Baladeb Chakraborty. The defendant No. 1 is the son of the plaintiff's own brother, who is dead. After the death of Chandi Mod Baladeb their respective heirs carried on the performance of the puja and seva according to the pala system. The plaintiff carried on the seva and puja jointly with the defendant No 1 in the allotted pala. By mutual arrangement the plaintiff and the defendant No. 1 sub-divided the pala between them. It was settled that each one would perform 15 days pala in their allotted month. The plaintiff contends that since 17th Kartic, 1369 B.S. the defendant No. 1 threatened him to oust from his office of shebait and to obstruct him from performing seva and puja of the deities and receiving offering during the last 15 day? of his turn of worship. The plaintiff therefore prays for permanent injunction restraining the defendant No. 1 from his aforesaid acts.

(3.) The defendant No. 1 denies all the allegations made by the plaintiff and slates that on 6-4-48 the plaintiff executed a Deed of Gift in his favour and gifted his shebaiti pala and all his rights thereto and that since then he enjoys the pala accruing on his own account and also by the gift made by the plaintiff.