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1922 Supreme(Cal) 364

CHOTZNER, ASUTOSH MOOKERJEE
Rambrama Chatterjee – Appellant
Versus
Kedar Nath Banerjee – Respondent


JUDGMENT

1. This is an appeal by the first defendant in a suit for declaration that the plaintiffs are entitled to participate in the bhog offered to three idols and for consequential relief. One Gopinath Chatterjee, the common ancestor of the plaintiffs and defendants, more than 200 years ago, consecrated an image of Vishnu. His sons Nandadulal Chatterjee and Durga Charan Chatterjee followed in the footsteps of their father; each of them consecrated an image of Siva, and Durga Charan Chatterjee consecrated, in addition, an image of Kali. Temples were erected, those now in existence were consecrated in 1792 and 1801 and elaborate arrangements were made for the daily worship. Properties were also dedicated to secure the due performance of the worship, though this is not directly evidenced by a written document. But the execution of a document is not essential for the purpose of a valid dedication which may be inferred from application of proceeds and family conduct; Muddun Lal v. Komul Bibee 8 W.R. 42; Moonohar Ganesh Tambekar v. Lakhmiram Govindram 12 B. 247 : 12 Ind. Jur. 387 : 6 Ind. Dec. 650; Abhiram Goswami Mohant v. Shyama Charan Nandi 4 Ind. Cas. 449 : 36 I.A. 148 at p. 164 :

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