PURNA CHANDRA CHOWDHURY Vs. KINKAR MANJHI

JUDGEMENT

(1.) This appeal arises out of a suit for a declaration of the plaintiffs mokarari right to certain trees standing on the bank of a bund and for recovery of possession thereof and also for the value of the branches wrongfully appropriated by the defendants.

(2.) The plaintiffs alleged that the trees belonged to the idol, Keshab Rai Jiu, together with the bund on which they stood. The plaintiffs obtained in Kartik 1310 a mokarari settlement of the bund and of the trees standing thereon from the present shebait of the idol. The defendants on the Strength of a purchase from the previous shebait cut down and appropriated some of the branches of the trees.

(3.) The defendants purchase was attached on the ground that it was without, consideration, and that it was not binding upon the present shebait. The defence, inter alia, was that the trees had been sold by the previous shebait for consideration and for the benefit of the idol and that the plaintiffs claim was barred by limitation.