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1959 Supreme(Cal) 209

G.K.MITTER
Raikishori Dassi – Appellant
Versus
Official Trustee of West Bengal – Respondent


Advocates:
Niren De with Sambhu Ghose, for Plaintiff; Sabyasachi Mukharji, for Gora Chand Dutt, Defendant No. 2; Samar Deb, for Defendant No. 1; Sanat Mukherjee, for other Defendants.

JUDGMENT :- This is a suit for a declaration that the plaintiff has become a shebait of certain deities in the place of the deceased, Tarag Dassi and Kristo Moti Dassi, for construction of the Will of Pulin Behari Dutt dated March 5, 1934 for the purpose of ascertaining succession to the shebaitship of the deities mentioned in the plaint, for a declaration that the purported consent decree dated August 7, 1936 in Suit No. 1695 of 1935 and the purported order dated August 23, 1941 in Suit No. 14 of 1941 are not binding on the plaintiff, for an injunction restraining the defendant Gora Chand Dutt from preventing the plaintiff from acting as a shebait and for other reliefs.

2. The defendants in this suit are (1) the Official Trustee of West Bengal, (2) Gora Chand Dutt, a nephew of the Testator, Pulin Behari Dutt, (3) Premchand Sen, (4) Dunialal Dhur, (5) Kedarnath Dhur, (6) Gopal Chand Dhur and (7) Kalidas Dhur, being daughters sons of the said testator and lastly (8) Sree Sree Lakshmi Mata Jew, a Hindu Idol located at 43, Bancharam Akrur Lane, Calcutta. The plaintiff is the only surviving daughter of the testator. A genealogical table showing the relationship of the parties is given b























































































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