MAKHAN LAL SIRCAR Vs. GOKUL CHANDRA CHAKRAVARTI

JUDGEMENT

(1.) This appeal arises oat of an application under Section 47. Civil Procedure Code, objecting to the attachment and sale of certain properties of the judgment debtor in execution of a money decree on the ground that the properties were debuttar and the judgment debtor was only a shebait.

(2.) The question was whether the properties, which the judgment-debtor claimed to hold under the Will executed by one Ram Gopal Pandit on the 6 Aughran 1315 B.S. were debuttar?

(3.) The Court of first instance was of opinion that there was no dedication of the properties to the idol (thakur) but that the properties were subject to the charge of performance of the sheba of the thakur, and accordingly held that the properties ware liabls to attachment and sale as the judgment-debtor's properties, subject to the charge of the due performance of sheba of the idol Sridhar Thakur. On appeal the learned Subordinate Judge came to the conclusion that the properties were debuttar.