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 genealogical table will make clear the relationship of the several persons who figure as parties to the present litigation as between themselves and also to their common ancestor.

4. Iswar died leaving six sons as his heirs and they were Ashutosh, Govinda, Gopal, Sadananda Trailokhya and Haran. These six sons when they divided the properties of their father , divided the shebaiti right also which devolved upon them in six equal shares, and this division was by the method known as palas or turns of worship, which means that to each one of the sons was allotted the right of worshipping the deity for 5 days every month and during these days he alone was to discharge the functions of the Shebait and receive the emoluments attached to the office. Gradually, a custom grew up in the family according to which these palas could be bought and sold or otherwise alienated amongst the members of the shebait s family, Govinda, who was the father of the plaintiffs and who got 5 days pala every month in his share, sold his interest in the shebaiti to Haran, a brother of his, and the result was that Haran acquired l0 days pala every month or one-third share in the entire shebaiti right. Haran died without any issue leaving him surviving, his widow Rajlakshmi as his sole heir under the Hindu Law and Rajlakshmi continued to hold this one-third share of shebaiti right along with other properties of the deceased. On 17-6-1920, Rajlakshmi granted an ijara lease of her shebaiti right for a term of two years to one Satish Chandra Dey. on 1-4-192l, Satish sold this leasehold interest in respect to the palas to one Ram Rakhal Ghose. Previous to that, on 6-8-1920. Ram Rakhal had himself taken a lease from Rajlakshmi of her shebaiti right for a period of 5 years, this lease to commence at the close of the previous lease in favour of Satish. Ram Rakhal admittedly got possession of the office of shebait and began to exercise his rights as such on and from 1-4-1921. By a deed of conveyance dated 7-11-1921, Rajlakshmi made an out and out sale of her shebaiti right in favour of Ram Rakhal and twenty days after this purchase, that is to say, on 27-11-1921, Ram Rakhal in his turn sold this interest to Nagendra and Surendra, two of the sons of Trailokhya. Surendra died some time afterwards and on 20-6-1925 his widow Tarakali sold her husband s share in the shebaiti right to Nagendra; her husband s brother. Thus Nagendra in addition to what he had inherited from his own father came to hold the entirety of a third share in the shebaiti right, represented by 10 days pala every month, which was previously held by Haran. Rajlakshmi died on 22-12-1943 and the two plaintiffs, who are the two surviving sons of Govinda, filed the suit out of which this appeal arises for recovery of possession of this