INDRAMANI PADHI AND ORS. Vs. KELUNI DIBYA

JUDGEMENT

(1.) THE Defendants are the Appellants in this Second Appeal. The Plaintiff filed the suit for a declaration of her 8 annas shebaiti right and for confirmation of possession over the disputed property and for a permanent injunction restraining the Defendants from disturbing her possession.

(2.) THE Plaintiff's case is that one Panchu Padhi, grand -father of the Plaintiff and his two brothers Madan and Nisakar were shebaits of Sri Janakeswar Mahadeb that Nisakar died without male issue before the Provincial Settlement leaving behind him survivors Panchu and Madan who performed the seba -puja of the deity and possessed the debottar properties in equal shares. That after Panchu's death his shebaiti right devolved on the Plaintiff's father Neta Padhi and after him it devolved upon her mother Kanchan who performed the seba -puja of the deity and possessed the disputed property till her death that after her death about 15 or 16 years back the Plaintiff is performing the seba -puja and is in possession of the disputed property that the Defendants threatened to dispossess her from the disputed property on 21 -11 -47 and hence she filed the suit.

(3.) THE learned Munsif dismissed the Plaintiff's suit holding that she has no locus standi to bring it and also held that the suit is barred by limitation. In appeal, the learned Subordinate Judge held that the Plaintiff is entitled to bring the suit and that it is not barred by time.