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2004 Supreme(Cal) 385

RAJENDRA NATH SINHA, D.K.SETH
SANKAR NATH MULLICK – Appellant
Versus
LAKSHMI SONA OATTA – Respondent


Advocates Appeared:
C.K.DUTT, D.N.DEY, P.K.DUTT, P.N.MULLICK, R.N.DUTTA, S.K.MALI

SETH, J.

( 1 ) THE judgment of the Court was as follows : : The Background : This appeal arises out of a judgment and decree dated 16th of September, 2003 passed by the learned Single judge in C. S. No. 406 of 2001, upon an application under Chapter XIII of the. Original Side Rules of the High Court at Calcutta relating to originating summons.

( 2 ) THE plaintiffs/respondents sought for the determination of the following questions and reliefs:"a. Whether the restriction imposed by the said Deed of ekrarnama dated 25th May, 1820 and the Post-Script thereto dated 27th February, 1822 debarring the descendants of the said Sm. Chitra dassi not belonging to the same Gotra (Clan) as that of the Settlor from becoming Shebaits of the said deity Sri Sri Iswar Radha Gobinda jew is illegal, void and not binding on the plaintiffs, being contrary to hindu Law of Succession and or the general principles of the law of the land applicable thereto ? b. Whether or not the plaintiffs as the only heiresses and legal representatives of the said Baladeb Chandra Mullick have become and are entitled to act as Shebaits of the said deity Sri Sri Iswar Radha gobinda Jew in place and stead of their said pred















































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