DHANPAT SINGH KULARI Vs. JOHURMAL TUSIMAL

JUDGEMENT

(1.) The plaintiff in this case sued the defendants for the rent of some houses belonging to the Idol Jagannath Jiu. The last mohunt of the endowed property was a person named Mukunda Das. He died, but before his death he made a Will. By that Will he made the plaintiffs executors and appointed them trustees of the endowed properties. The plaintiffs, after the death of the mohunt, obtained probate of his Will and have since been managing the deb sheba of the idol ; and, as such managers, they have brought the present suit.

(2.) The defendants denied the right of the plaintiffs to sue for rent, on the ground that the late mohunt, Mukunda Das, had no power to will away the properties belonging to the idol.

(3.) The Court of first instance decreed the suit.