RAJA MANINDRA NARAIN ROY SHEBAIT OF IDOL KRISHNA RAY JIU Vs. EXECUTORS TO THE ESTATE OF LATE BHUBAN CHANDRA BANDOPADHYAY

JUDGEMENT

(1.) The plaintiff who is the appellant in this appeal sued as shebait of a certain deity for a declaration that the deity has got lakheraj title to the lands in suit. The suit was decreed by the Court of first instance but has been dismissed on appeal.

(2.) The plaintiff's case was that the lands were dedicated to the deity by his ancestor Raja Rudranarain Roy but the defend ante have got themselves recorded in tie Settlement papers as the owners of the lands, and the said entry has thrown & cloud over the deity's title to the land?

(3.) The case of the defendants, was that the lands ware the niskar property of Raja Rudranarain Roy that the said Raja had never dedicated the lands to the deity, but had mortgaged them to one Joynarain Maiti, and that their predecessors had purchased them at au auction sale in execution of the decree on the said mortgage and since then they or their predecessors have been in possession thereof.