Judgement

B. K. MUKHERJEA J. - This appeal is on behalf of the plaintiffs and is directed against the judgment and decree of a Division Bench of the Calcutta High Court dated 19-6-1950 reversing, on appeal, those of the Subordinate Judge, Third Court, 24-Parganas, passed in Title Suit No. 53 of 1944.

2. The facts material for our present purpose are not in dispute and the controversy between the partiees practically centres round one short point, namely, whether or not the plaintiffs suit is barred by limitation. The trial Court decided this point in favour of the plaintiffs, while the High Court has taken a contrary views in appeal.

3. The subject-matter of dispute is one-third share of shebaiti right in respect of a private debutter dedicated to an idol known by the name of Dakshineshwar Jew and situated at a village called Dhop Dhopi within the district of 24-Parganas in West Bengal. The deity is an ancient one and its reputed founder and first shebait was one Udhab Chandra Pandit. It is not disputed that by successive devolutions the rights of the shebait came to vest in one Iswar Chandra Chakroborti, who was the common ancestor of the parties to this suit. The following genealog