KARTIC CHANDRA CHAKRAVARTY Vs. GOSSAIN PROTAP CHANDRA GIR

JUDGEMENT

(1.) In this suit plaintiff claiming to be shebait of the Idol Khubaneswar Mahadeb prayed for declarations that properties ka, kha, ga and gha described in the schedule to the plaint belong to the said idol; and that the plaintiff was its shebait, his predecessor, the defendant No. 1, having been removed from his office owing to misconduct and the plaintiff appointed in his place by the Punch of the act, in whom authority for the purpose was vested by custom and the constitution of the endowment.

(2.) Plaintiff further prayed that two patni pottas, dated the 5th May 1913, granted by the defendant No I to defendant No. 2 in res peat of properties kha and kha after his removal from office be declared void and inoperative. The date of the defendant s removal by the pur.ch and the plaintiff s appointment in his place is alleged to be the 31st July 1912. On the 23rd December 1914 defendant No. 3 was impleaded on the ground that the defendant No. 1 had on the 5th Kartic 1321 (22nd October 1914) sold the dwelling-house in schedule ka to him.

(3.) There was a further prayer by the plaintiff for recovery of possession, should he be found to be out of possession of any of the properties.