KUMAR RAMESHWAR MALIA Vs. SRI SRI JIU THAKUR, BY HIS SHEBAIT, MAHANT SRI SRI RAM CHANDRA ACHARJYA GOSWAMI

JUDGEMENT

(1.) This is an appeal by the defendants Nos. 9 and 13 against the judgment of the learned Subirdinate Judge of Bankura dated the 21st September 1911.

(2.) The suit was brought by the plaintiff, an idol, through his shebait to recover possession of the properties mentioned in the plaint, on the ground that they formed part of the debuttar estate of the idol and that a putni settlement, dated the 29th of Baisakh 1261, granted by a former shebait in favour of the predecessors of the defendants Nos. 1 to 13 was invalid.

(3.) On the present appeal it was not argued by the appellants that the idol had no interest in the properties in suit. Having regard to the evidence which has been considered at great length by the learned Subordinate Judge, it is clear that the endowment is an ancient one. It was, however, argued before us, though somewhat faintly, that the properties were the private property of the shebait, subject nevertheless to a charge for the maintenance of the worship of the idol. On the evidence before us I think we can come to only one conclusion, namely, that there was an absolute dedication of the properties in favour of the idol.