LAWS(PVC)-1909-12-56

RAJA PEARY MOHAN MUKERJI Vs. NARENDRA NATH MUKERJI

Decided On December 16, 1909
RAJA PEARY MOHAN MUKERJI Appellant
V/S
NARENDRA NATH MUKERJI Respondents

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Calcutta affirming a decree of the Subordinate Judge of Hooghly.

(2.) In the Court of first instance, the present respondents were plaintiffs. The suit was brought by them as executors of Bijoy Krishna Mukerji, who was shebait of a debottar estate for nearly four years, to recover Rs. 77,964-9-6 alleged to be due to him in that capacity either from the estate or from the principal defendant, the present appellant, personally.

(3.) The history of the litigation is shortly as follows:- Jaga Mohan Mukerji, who died in 1840, by will dedicated pertain properties to the sheba, or worship, of two Thakurs, or idols, the annual celebration of Durgapuja and other pious acts, and provided for the order of succession to the office of shebait among his own descendants. The first shebait was the appellant's father. He was succeeded by his step-brother, who died in September, 1890. On his death the succession opened to Bijoy Krishna Mukerji. Bijoy's succession was opposed by the present appellant, who threw every possible difficulty in the way of his obtaining possession of the estate and collecting the rents. Finally, Bijoy brought a suit No. 40 of 1892, in the Court of the Subordinate Judge of Hooghly, to establish his title to the office of shebait under the testator's will.