Judgement

Consolidated Appeals (No. 37 of 1920) against a judgment and decree of the High Court (July 24, 1919) reversing a decree of the Subordinate Judge of Hugli (December 23, 1915).

The suit was instituted by the present first respondent to obtain the removal of the appellant from the office of shebait of certain debottar property, to set aside a purchase of part of that property—namely, a four-fifths share of lot Bahirgora, and for the appointment of a receiver.

It was alleged by the plaint, and found by both Courts in India, that the purchase in question in the name of the first appellants son (appellant in the connected appeal) was made benami by the first appellant, the shebait. Other acts of misconduct as shebait were alleged.

The facts of the case sufficiently appear from the judgment of the Judicial Committee.

The Subordinate Judge held that the appellant was entitled to retain the property purchased by him in his sons name, and rejected the claim to have it declared to be still part of the debottar estate. He also rejected the claim to have the shebait removed, being of opinion that his conduct had riot been such as to render him unfit to retain the office.

An appeal to