Judgement

Consolidated Appeals (No. 78 of 1937) from a decree of the High Court (July 6, and August 24, 1934) modifying a preliminary decree of the Court of the District Judge of Hooghly (November 6, 1929).

The suit out of which these consolidated appeals arose was instituted under s. 92 of the Code of Civil Procedure by certain persons against Satish Chandra Giri, who was described as the shebait or mahant or trustee of the math or shrine of Sri Taraknath. The plaintiffs claimed (inter alia) a declaration that certain properties specified in a schedule to the plaint were not the nij (personal) properties of the defendant, but were debuttar (endowed) properties of the deity; a declaration that the defendant was not a fit and proper person to continue as mahant or trustee, and for an order for this removal; and they also asked for an account.

The defendant, in a lengthy written statement, denied the allegations of the plaintiffs.

The facts appear fully from the judgment of the Judicial Committee.

The trial judge passed a decree of which (inter alia) the following were the material terms That the defendant mahant was not entitled to have any nij or personal property of his own, and t