PRADIP KUMAR CHAKRABORTY Vs. JAMILA KHATUN BIBI

JUDGEMENT

(1.) The decision in this appeal turns upon the question whether any person other than a she bait can prosecute a suit as a next friend of the deity.

(2.) The question has arisen in this way:

(3.) The said deity sued forma pauperis through her managing shebait and a next friend, Hem Chandra Chakraborty who in his turn figured as plaintiff No.2 for declaration of her title to item No. 1 of the ka schedule of the plaint, for recovery of possession in item No. II thereof and for mesne profits etc on the allegations, inter alia, that Paramananda Giri Goshwami who was one of the dormant shebaits of the deity executed and registered on 22 August 1952 a deed of Kayemi Mokarari Mirashj Patta in favour of one Nasu Mia, predecessor of defendant Nos. 1-7 purporting to lease out the suit property described in item No.1 of schedule Ka to the plaint. The lease, not being for legal necessity or for the benefit of the deity was not binding on her and the deity was still the owner thereof. It was further alleged that Hem Chandra Chakraborty had alone been looking after the affairs of the deity and performing her seva puja, but most of his co-shebaits had left for India and those who were still residents at Dhaka had not been taking any step to recover the said endowed property, in order to safe-guard the rights of deity.