JUDGMENT

Mookerjee, C.J.

Appeal No. 344.

1. This is an appeal by the find two Defendants in a suit for recovery of possession of land upon declaration of title as shebaits. The Plaintiffs-Respondents are orthodox vaishnabs, members of a family of Mondals, and are shebaits of a Sree Sree Iswar Mohaprabhu Thakur. Their case is that in 1893, the Defendants, who are members of a family of Chatterjees, were appointed pujaris or officiating priests under an agreement between the parties, that the Defendants have acted in contravention of the term of the agreement and have thereby forfeited the office; but that, notwithstanding this, they have wrong-fully retained possession of the disputed land which they were entitled to hold only during their incumbency as pujaris of the Thakur. On these allegations, the Plaintiff's seek to recover possession of the land.

2. The Courts below have found that the allegations of the Plaintiffs are substantially correct, that the interest in the land is vested not in the Defendants as pujaris hut in the Plaintiffs as shebaits, and that, under the terms of the agreement between them, the Defendants have forfeited all claim to the religious office held by them.