BHIKARI PRUSTI Vs. MADAN MOHAN JIU THAKUR

JUDGEMENT

(1.) THIS is a defendant's Second Appeal against the reversing judgment of Sri C.C. Coari, District Judge of Cuttack, decreeing the plaintiffs' suit for declaration of the deed of Sebasamarpanpatra as invalid.

(2.) THE deity (Madan Mohan Jiu) is situate in village Kaima with nearly 27 'Marfatdars', (SIC) belonging to Das family being 'Pataras' by (SIC) One of the 'Marfatdars' was Bhima Das. (SIC)account of his old age and on amount of reason that his son was absent from the (SIC) on many occasions, he executed a deed of 'Sebasamarpanapatra' in respect of his two annas share of the 'marfatdari' right of the deity, the deed being dated 1 -11 -33 in favour of the present appellant (Baikari the defendant No. 1).

(3.) THE defence was that the suit was barred by limitation and was not maintainable tinder the provisions of Section 54 of the Orissa Hindu Religious Endowments Act. But the main point of defence was that the deed was not an invalid deed and in the circumstances of the present case the transfer was a valid transfer inasmuch as it was for the benefit of the institution and the donee was interested with the endowment and had made previous contribution to the endowment as well.