SURENDRA NATH BANERJEE Vs. SHASHI BHUSHAN SARKAR

JUDGEMENT

(1.) This is a Reference by the Additional Sessions Judge of Hooghly recommending that an order passed under Section 147 of the Criminal Procedure Code should be set aside.

(2.) The dispute between the parties was with regard to the performance of the puja of an idol. There was no dispute as regards the temple or any land belonging to the idol. The whole question in controversy is whether the right claimed by the first party is a right of user of any land, as explained in Section 145, Sub- Section (2) of the Criminal Procedure Code. The right is alleged to be a right to go into the temple and to perform the puja, and to take a portion of the offerings made to the idol.

(3.) The learned Sessions Judge is of opinion that this right is not included within the words "right of user of any land." He refers to a decision of this Court in the case of Guiram Ghosal v. Lal Behari Das (1910) I. L. R. 37 Calc. 578., in support of his conclusion.