JUDGMENT :

L. Rath, J. - An order of the Consolidation Officer rejecting the objection filed by the Petitioner not to record the name of opposite party No. 5 along with him as the Shebait Marfatdar of the deity Sri Brundaban Chandra Jew Thakur and the order having been also confirmed in appeal and revision, the Petitioner has come before this Court seeking reversal of the orders.

2. The facts leading to the case lie in a short compass. The Petitioner is the son of one Srinivas Kar who was admittedly the Shebait of the deity. Srinivas Kar died much prior to 1956 leaving behind the Petitioner and opposite party No. 5, the widow of his pre-deceased son. It is the case of the Petitioner that opposite party No. 5 is living with another Makar Kar who is not a member of the family though she claimed to have married Makar Kar subsequently. On 9-10-1963 a registered deed of partition was executed between the Petitioner and opposite party No. Sin respect of the properties in which the properties of the deity were hot included. But the opposite party No. 5 executed a deed of relinquishment on the same day in respect of the Shebaiti Marfatdari right in respect of the deity in favour of the Petit