BALI PANDA Vs. JADUMANI SANTRA

JUDGEMENT

(1.) Thakur Gopeenath Deb and Thakur Raghunath Deb were the plaintiffs Nos. 1 and 2, the other plaintiffs being the shebaits or marfatdars. The allegation in the case was that the old temple of these Thakurs having been blown down by a storm, they were placed in the temple of the defendants, which was near by Subsequently, on account of a dispute between the shebait-plaintiffs and the defendants, the defendants brought a suit for recovery of possession of certain lands dedicated to these Thakurs, on the ground of their being the shebaits or marfatdars of these Thakurs and the present shebaits-plaintiffs being the pujaries. In that suit one of the principal issues was whether these Thakurs were the family Thakurs of the plaintiffs in that case, and it Avas decided that the plaintiffs in that case were not the marfatdars, but that the defendants were the marfatdars of these Thakurs. After that, the shebait-plaintiffs rebuilt the temple of the Thakurs, and wanted to bring them to the new temple. They were opposed by the defendants. Hence this suit, as stated above, by the Thakurs and the shebait- plaintiffs.

(2.) The main prayer in the case is that the Thakurs may be taken out of the temple of the defendants and placed in their own new temple, so as to be in the custody of the plaintiffs Nos. 3 to 6.

(3.) The first Court decreed the suit. The Court of Appeal below has dismissed it, on the ground that it is barred by Art. 49, Schedule II, of the Limitation Act of 1877. It has at the same time made a declaration in favour of the plaintiffs Nos. 3 to 6 that they are the custodians of the Thakurs.