KALI SANTA CHATTERJEE Vs. SURENDRA NATH CHAKRAVARTY

JUDGEMENT

(1.) This appeal arises out of a suit for declaration of the plaintiff's right as a co-sharer shebait of the deity Ugra Tara at Shikarpur (District Backerganj), for a decree for recovery of possession of the said share jointly with the pro forma defendants according to the terms of worship, for an injunction, to restrain the principal defendants from interfering with the plaintiffs right and for other reliefs. The pro forma defendants are said to be the, co-sharer shebaits.

(2.) The defence, among other things, was that the plaintiff has no right as a shebait of the deity installed in 1319, and that he is not entitled to the reliefs claimed.

(3.) The Court of first instance declared the plaintiff's right as a co-sharer shebait, gave a decree for possession of one-fifth share, but disallowed the claim for injunction and mesne profits. That decree was confirmed on appeal by the Court of Appeal below. The defendants have appealed to this Court.