GOSTHA BEHARI DE Vs. PURNA CHANDRA DE

JUDGEMENT

(1.) The subject-matter of the suit in which the appeal arises is a tank belonging to a deity Sri Sri Bishalakshi Thakurani. In 1907 one Abhoy Charan De purporting to act as a managing shebait granted a mourasi mokorari lease of the said tank to four persons, Annada Prosad De and others at a rental of Rs. 15 per year. Abhoy Charan De died in 1910 when another person became the managing shebait. In 1916 the original lessees, Annada and others, or their heirs as the case may be, sold their leasehold interest to Gostha Behari De, the plaintiff in the suit. In 1932 the villagers of the village claimed the deity to be a village deity and appointed a committee to look after the affairs of the said deity. Two members of the committee let out the said tank to defendant 34.

(2.) It is the plaintiff's case that in 1934 he was dispossessed by defendant 34 aided by the members of the said committee. In 1936 he instituted the suit for declaration of his title as a mokorari mourashi tenant of the said tank, for possession and for mesne profits.

(3.) One of the defences raised in the suit was that the deity was a village deity. That defence was negatived and it was found that the deity was a family deity of the Deys of that village. That defence has not been repeated either before us or before our learned brother Lodge J.