MAHANT DAMODAR DAS Vs. ADHIKARI LAKHAN DAS

JUDGEMENT

(1.) This is an appeal from a decision of the High Court of Calcutta, dated the 6th June, 1905, which over-ruled that of the Subordinate Judge of Cuttack, dated the 30 September, 1902.

(2.) The suit out of which the appeal arises, was filed in the last-mentioned Court, by the plaintiff appellant in his character as Manant of the Math or Temple of a Hindoo Deity at Bhadrak in Balasore, and the object of the suit was to recover possession of certain properties situate at Bibisarai in Jajpur, the suit being based upon the allegation that the properties were debottar property, dedicated to the worship and service of the plaintiff's Thakur, and held by the defendant as an Adhikari in charge of what was said to be a subordinate Math of Bibisarai.

(3.) The first Court decided in favour of the plaintiff. That decision was reversed on appeal by the High Court on the ground that the plaintiff's suit was barred by limitation. Their Lordships are of opinion that the learned Judges of the High Court were right.