SHAMA CHARAN NANDI Vs. ABHIRAM GOSWAMI

JUDGEMENT

(1.) This is an appeal by the defendants against a decree of the Subordinate Judge of Manbhum in favour of the plaintiffs dated the 29 June 1905. The subject-matter of this litigation is a mauza named Grarfalbari in the defendants possession. They derive their title from a mukarari lease granted to their predecessor in February 1860 by Pranananda Mohunt Goswami, the grandfather of the plaintiff No. 1, under which the whole mauza with the exception of 5 bighas was in consideration of a bonus of Rs. 62 leased to a lady named Ananga Mohini at an annual rental of Rs. 31. The five bighas excepted were subsequently leased to the defendants in November 1896 on payment of a bonus of Rs. 700 for an annual rent of Rs. 50. The latter lease was executed by Prananand's widow and his three sons, one of whom Raghobanand is the father of the plaintiff No. 1. The second plaintiff, Burn & Co., have acquired a lease of the mauza from the plaintiff No 1.

(2.) The plaintiffs case is that mauza Grarfalbari is debutter property belonging to the idols Raghunath Jiu and Durga, of whom Prananand and Raghobanand and plaintiff No." 1 were successively shebaits. Neither Prananand nor Raghobanand had therefore any right to grant a permanent lease of it, and the plaintiffs accordingly sue to recover Grarfalbari as the property of the idols.

(3.) The defence so far as it is necessary to consider it on this appeal is that mauza Grarfalbari is not debutter property, and that the suit is barred by limitation except as regards the 5 bighas leased in 1896. The Subordinate Judge finding these issues in the plaintiffs favour has decreed the suit and the defendants have appealed.