SUDHA DIBYA Vs. SWAPNESWAR DEB

JUDGEMENT

(1.) DEFENDANT is the appellant.

(2.) PLAINTIFFS filed the suit for removal of the defendant from the shebait marfatdarship of plaintiff No. 1, the deity, and appointing plaintiff No. 2 to perform its seba-puja from out of the usufructs of the, suit schedule properties. According to them, Bhima Das, father-in-law of the defendant purchased some of the deity's properties from the father of plaintiff No. 2 and since then he as a co-marfatdar was performing his turn of seba-puja of the deity. After Bhima's death, his son dol-govind was also performing the seba-puja of the deity along with other shebaits from out of the usufructs of the suit lands. Dolgovind died leaving his widow (defendant) as his sole heir and successor. Since 1960, the defendant who is serving at Bhanjanagar as a female Jail warder has not been performing the seba-puja of the deity and misappropriating the income. On these grounds, the deity and its mar-fatdar (plaintiff No. 2) filed the suit for the above reliefs.

(3.) DEFENDANT resisted the suit pleading that she has been performing the sebapuja regularly in accordance with the usual custom; that plaintiff No. 2 has no right to institute the suit and also challenged the jurisdiction of the court to entertain the suit.