Jharula Das vs Jalandhar Thakur - 1912 Supreme(Cal) 286

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1912 Supreme(Cal) 286

IMAM, COXE
Jharula Das – Appellant
Versus
Jalandhar Thakur – Respondent

JUDGMENT

Coxe and Imam, JJ. - This was a suit brought by one Bhaiji Thakur for recovery of 11 bighas of lakheraj land and an interest of 3 annas in the income derived from offerings in a certain temple. The property originally belonged to one Pratipal who was a shebait of the temple, and was succeeded in that office by his widow, Girimoni. Girimoni sold the land to the defendant, Jharula Das, in 1282. Previously in 1281 she had mortgaged some other land and her interest in the temple income to the defendant. He sued on, the mortgage and obtained a decree on the 24th" September 1880. This was before the Transfer of Property Act, and seems to have been no more than an ordinary decree for money. In execution he put up the temple income for sale and bought it himself. He obtained delivery of possession in 1892. Girimoni and the present plaintiff then sued to have the sale set aside on the ground, among others, that the property was not alienable, and in the alternative for a declaration that it would not bind the present plaintiff after Girimoni's death. That suit was ultimately withdrawn with liberty to sae again. Girimoni then sued again, and that suit was dismissed, being held to be

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