Judgement

Appeal from a judgment and decree of the High Court (March 12, 1912) partly affirming and partly reversing a judgment and decree of the Subordinate Judge of Bhagalpur (April 3, 1911).

The suit was brought by Bhaiaji Thakur, since deceased and now represented by the appellants, under the following circumstances. The sebaiti of a certain Hindu temple was vested in Brahmin families known as Pandas, who were entitled to share in the daily surplus offerings to the idol, after the discharge of the expenses of the worship. One Pratipal Thakur was a sebait and, as such, was entitled to a 3 annas 6 pies share in the surplus offerings. He died in 1851, and was succeeded by his widow Grihimoni Thakurani (hereinafter called Grihimoni). In 1874 she mortgaged to the respondent twenty-one bighas of land appertaining to the temple, and in 1875 sold to the respondents father eleven bighas of land, which had belonged to her husband.

It was found by the Subordinate Judge that the mortgage did not include her share in the temple offerings and that the alienations were not made from necessity. In 1880 the respondent obtained a money decree against Grihimoni upon the mortgage. In execution of