RADHAKRUSHNA CHOUDHURY Vs. RADHAKRUSHNA MOHAPRABHU

JUDGEMENT

(1.) THE sole defendant is in appeal against a reversing decree of the learned Subordinate Judge Aska in a suit for permanent injunction against him restraining him from entering upon the disputed property or interfering with the possession of the deities. THEre was also a prayer for recovery of Rs. 100/-being the value of damages caused to the deities by his wrongful act.

(2.) ONE Ganapati had three sons -Harekrushna, Radhakrushna and Nadiachand. According to the plaintiffs Harekrushna had been adopted away. Sri Radhakrushna and Sri Hanumanjew were the two family deities. Ganapati and his wife took to Baishnabism and thereafter on 2-1-42 they founded an endowment in respect of the aforesaid two deities and under Ext. 3 laid down the terms of succession to the office of shebaitship. In the said document it is indicated that the first son Harekrushna had been adopted away and of the two other sons Radhakrushna had been living away from the house for more than 20 years and similarly the third son had been living away from the house for about 12 years. It was stated that Ganapati and his wife were the two Dharmakartas. The succession to office was clearly indicated in Ext. 3. Ganapati who came to be known as Gourchandra on accepting Baishnabism died sometime in 1954. His widow Jamuna Dasi executed a deed dated 15-9-1956 appointing Harekrushna as the shebait of the endowment of the two deities (Ext. 2). As there was interference by the defendant Radhakrushna in the management by the plaintiff and the defendant forcibly misappropriated the properties of the deities. the suit was filed.