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1955 Supreme(Cal) 131

K.C.DAS GUPTA, GUHA RAY
PROBIR CHANDRA PAL – Appellant
Versus
PANCHANAN CHOUDHURY – Respondent


Advocates Appeared:
A.D.MUKHERJI, BARUN ROY CHOUDHURY, RISHINDRA NATH SARKAR, SUDHANSU K.HAZRA

K. C. DAS GUPTA, J.

( 1 ) THIS suit was brought by several deities through Panchanan Choudhury described as their shebaits. Though in a part of the plaint, language was used drawing distinction between fee shebait plaintiff and the deity plaintiffs, it appears clear, taking the plaint as a whole, that the suit was brought by the deities through Panchanan Choudhury as shebait and that the prayer that Panchanan's shebaiti right be declared was only for the purpose of establishing the maintainability of the suit. The relief sought was the declaration of the deities' title to the lands described in the schedule and for possession on eviction of the defendants. The previous shebait Hem Chandra had put the defendants in possession on giving a permanent lease in their favour; in a previous litigation brought by Panchanan as prospective shebait of the deity the permanent lease has been declared invalid and that is no longer disputed. The plaintiff's case is that the right of the defendants to be on the lands came to an end at least on the death of the previous shebait Hem Chandra and that the defendants are continuing in possession after Hem Chandra's death wrongfully and that the deities







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