Judgement

Appeal (No. 13 of 1939) from a judgment and decree of the High Court (May 19, 1937) which had affirmed a judgment and decree of the Court of the Additional District Judge, 24-Parganas (July 30, 1934).

The questions in this appeal were whether one Krishna Kanta Nandy, an ancestor of the first defendant (the appellant Maharaja Sris Chandra Nandy), who in about 1778 founded the Kasimbazar Raj, established two idols in the house at Shrikhanda of an ancestor of the plaintiffs (respondents) who was the guru (spiritual guide) of the former ; whether an annual payment of Rs. 4000 admittedly paid out of the funds of the Raj by half-yearly instalments by the original founder of the Raj and continuously from generation to generation since then to the ancestors of, and also to, the

Law. Rep. 68 Ind. App. 34 ( 1940- 1941) Maharaja Sris C handra Nandy V. Rakhalananda Thakur

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plaintiffs, for the sheba and puja (service and worship) of the idols, was paid as voluntary charity or as a britti (stipend) creating a right to its continuance ; and whether the annuity in fact constituted a charge upon the general property of the Raj, and whether such charge, if constituted, was bad in law by