MONOHAR MUKERJI Vs. BHUPENDRA NATH MUKERJI

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the High Court of Judicature at Fort William in Bengal, dated 26 April 1928, which set aside a decree of the Subordinate Judge of the Second Court at Hooghly, made in title suit No. 13 of 1913 on 3 April 1928, and remanded the case to be dealt with in accordance with the directions contained in the judgment. The suit was instituted in 1913 by the present appellant, seeking to obtain the removal of Raj Peary Mohan Mukerji, the original defendant 1, from the office of shebait to the debuttar estate founded by the will of the Raja's grandfather, Jaga Mohan Mukerji, and to set aside the purchase of lot Bahirgora, part of the debattar estate, by the Raja in January 1913. After protracted litigation, it was finally decided by this Board on 19 April 1921,Reported in 1922 PC 235 in affirming the judgment of the High Court, that the Raja should be removed from his office and that the sale should be set aside, and the Raja was held entitled to repayment of the purchase moneys, subject to the direction that an account should be directed showing what, if anything, is due from appellant 1 to the estate, and such money should be deducted from the purchase-moneys in Court to be paid out and appellant 1 to have a charge on the estate for that sum.

(2.) The case having been remanded to the Second Subordinate Judge, Hooghly, to take the account, he made an order on 5 September 1921, under which he appointed commissioners to take the accounts and gave directions, which will be more easily understood if certain facts are first stated. Under the will of Jago Mohan Mukerji, dated 11 September 1840, which created the debuttar estate, it was provided that the office of shebait should be held by his four sons in succession, and after them by their respective sons, sons' sons and so on in succession. The following pedigree will show the holders of the office, and the relationship of the principal parties:

(3.) On the death of Naba Krishna in 1890, the Raja challenged the validity of the debuttar and the right of Bijoy Krishna to the office of shebait, and the latter brought a suit in 1892 against the Raja to establish his rights, in which he succeeded in the first Court. While an appeal by the Raja was pending, Bijoy died, and thereafter the Raja withdrew his challenge of the debuttar, and took the office of shebait. It has been found that the Raja was in possession of certain parts of the debuttar estate during a period dating back to the death of his father, Joy Krishna, in 1888, and the accounting period accordingly commences in the year.