K.C.CHUNDER, R.P.MOOKERJEE
BROJOBALA DASSI – Appellant
Versus
SARADIYA DURGAMATA THAKURANI – Respondent
( 1 ) DEBENDRA Nath Mukherjee, the predecessor of the plaintiffs respondents who have sued as representing Sri Sri Saradiya Durgamata Thakurani, was the owner of a number of immovable properties including Pargana Kismet Maharul within Pargana Kulbaria Touzi No. 371 of the Murshidabad Collectorate and a two anna share of Dihi Hilara, Touzi No. 486 of the same Collectorate. Debendra had been performing the Saradiya Durga Puja from 1921. In September 1929 he executed an Arpannama (Ex. 2) in favour of Sri Sri Durgamata Thakurani Jew for the due performance of the annual puja of the said Goddess. An image of the Goddess Durga would have to be made ready according to the shastras, every year during the autumn season from, out of the income of the properties endowed, the deity is to be worshipped either at the dwelling house of the settlor at Gorabazar in Murshidabad or at Benares. Directions were also given as to how the income accruing from the said two properties was to be disbursed on the occasion of the annual puja. On 5-1-1932 Debendra executed two deeds. In the first deed (Ex. E) described as a deed of cancellation of the Arpannama (Ex. 2) referred to above he
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