ISWAR LAKSHMI JANARDAN JIU Vs. KHITISH CHANDRA SINGHA

JUDGEMENT

(1.) This is an appeal from a decision of the Officiating Subordinate Judge, Second Court, Hooghly, dated 25 February 1929, by which he dismissed the plaintiffs suit in which they prayed for a declaration that certain properties referred to in the plaint were the absolute debutter properties of the deity Sree Sree Iswar Lakshmi Janardan Jiu and that, as such, they could not be attached and put up to sale in execution of personal decree obtained against defendants 3 and 5.

(2.) The suit was instituted on 21 December 1923. The issues arising on the pleadings were settled on 4 June 1925, The case came on for hearing before the learned Judge on 21st February 1929. Some portions of the order sheet have been placed before us; but it is much to be regretted that it should have taken nearly six years to dispose of this suit in the trial Court.

(3.) It appears that Sree Sree Iswar Lakshmi Janardan Jiu is the family deity of a large number of persons who constituted a joint family named the Nandi Babus of Jamgram in the District of Hooghly. On or about 7 Aghrayan 1287 B.S. corresponding with 21 November 1880, the then members of the Nandi family executed an Arpannama or a deed of dedication in favour of the deity referred to above by which they dedicated certain properties described in the schedules to the said Arpannama as debutter and declared that thereafter they stood divested of all their rights and interest in the said properties. They further declared that they and their representatives and successors would not have any right, interest in or concern with the said properties and that those properties were not to be held liable for their debts or for the debts of their representatives or successors and that no person would be competent to encumber them, in any way. Provision was made for the appointment of shebaits in respect of the debutter estate and for the management thereof. This Arpannama or the deed of dedication is printed in the paper-book and will be found at p. 1, part 2. It was registered with the Sub- Registrar of Assurances in Pandua soon after its execution. In 1306 B. S., there was a second deed of dedication by the then members of the Nandi family of Jamgram. It appears that the previously dedicated properties were found to be insufficient to meet the expenses of the de- butter estate owing to various reasons which are fully set out in the second deed of dedication which is dated 2nd Baisakh 1306 B. S., corresponding with 14 April 1899. The members of the Nandi family declared that in order to meet the increased expenditure on account of the debutter estate it had become necessary to endow additional properties and they accordingly executed the second deed of dedication by which they dedicated the properties set out in the said deed and declared that they stood divested of all their rights in the said additional properties. They went on to declare: Whatever we have in the said properties dedicated, the same is vested in the said Srea Sree Iswar Lakshmi Janardan Jiu. Exclusive of the expenses for the management of the properties dedicated, the annual profits are approximately Rs. 10,000. Out of the said profits. we shall get Rs. 8,000 per annum as shebaits. Save and except the same, the whole amount of the balance is due to the said Thakur and, as such, the same shall he spent towards the performance of the daily and periodical ceremonies of the said Thakur and the surplus amount shall be kept in the tehbil of the said Thakur.