BAMESWAR BAMDEV SHIVA Vs. ANATH NATH MUKHERJEE

JUDGEMENT

(1.) In this suit only one question has been left for my decision. With regard to the rest, an order has been made by consent of the parties.

(2.) The facts of the case are as follows : One Sriman Chandra Mukherjee died in the year 1878-leaving a will whereby he created a debutter & appointed his wife, Bama Sundari, executrix & directed that the pltf. deities should be installed by her. Pursuant to this direction, the pltf. deities were installed by Bama Sundari. Thereafter, in the year 1933, a suit was filed being Suit No. 2385 of 1933 in which, on 30-8-1934, a decree was passed declaring certain persons to be shebaits. The persona who were declared shebaits were (1) Bimal Chandra Mukherjee, (2) Charu Chandra Mukherjee, (3) Dino Nath Mukherjee, (4) Anadi Mohon Mukherjee, (5) Jnanendra Nath Mukherjee, (6) Govinda Chandra Mukherjee, (7) Atul Chandra Mukherjee, (8) Dulal Chandra Mukherjee & (9) Kali Krishna Mukherjee. They are the descendants of one Harish Chandra Mukherjee, brother of the said Sriman Ch. Mukherjee.

(3.) A genealogical table has been annexed to the plaint & the relationship of the parties would appear from the said genealogical table.