KRISHNA DAS BAISHNAB Vs. KALI SUNKAR BAJPAI

JUDGEMENT

(1.) This is an appeal against the judgment of the District Judge of Sylhet, dated the 2nd of April 1907. It is instituted on behalf of the plaintiffs while the defendants have filed cross- objections but have not pressed them.

(2.) The facts giving rise to the present appeal are that there is an Akhra with a temple dedicated to the idol Jugganath situated in the town of Sylhet. The last Mohunt of this Akhra was one Mukanda Das. He died on the 20 of July 1898 (13 Sravan 1305 B.S.) and on the same date executed a Will, appointing five persons as his executors namely, Kali Sankar Bajpai, Joari Mal, Tushtyal, Manikya Chandra Banikya, Raj Kumar and Krishna Charan Sarma. Under the Will he also appointed Ram Sevak Bairagi and Narayan Brajabasi as pujaris.

(3.) Mukanda Das further empowered the above-named five executors to appoint fresh pujaris, if the two above-named failed to perform the puja properly.