Haripada Dutt died on the 3rd June, 1941, leaving him surviving his three sons, Pashupati Nath Dutt, Shambhunath Dutt and Kashinath Dutt, the appellants before us.
19,000 and interest thereon as also the dismissal of the suit in regard to the premises No.
969 of 1909 and the award dated the 12th October, 1920, and the dealings made by the heirs of jogendra and or Rajendra relating to the said premises or any of them purporting to affect its rights in the said premises were invalid and inoperative in law and number binding on it, for an account of the dealings with the said premises, for a scheme of management of the debutter properties and for its worship, for discovery, receiver, injunction and companyts.
118 of 1950.
Probate of the will of Dwarka Nath was also obtained by jogendra on the 31st August, 1909.
The idol was declared entitled to possession of the said premises with mesne profits for three years prior to the institution of the suit till delivery of possession, but was ordered to pay as a companydition for recovery of possession of the said premises a sum of Rs.
40/2 A Grey Street.
The idol filed on the 20th November, 1950, cross objections against the decree for Rs.
The High Court rejected the said application stating that there was numberrule allowing cross objections in the Supreme Court.
40/2 A Grey Street which was directed against Sushilabala and the two sons of jogendra the learned judges held that the cross objection against the companyrespondents was number maintainable and dismissed the same with companyts.
40/1 Grey Street.
A companysent decree was passed in the said suit on the 9th September, 1929.
per annum from the 19th July, 1945, till payment or till the said sum was deposited in companyrt to the credit of the suit.
41 Grey Street was allotted to the branch of Rajendra and the remaining portion was allotted to jogendra absolutely and in companysideration of a sum of Rs.
Appeal from the Judgment and Decree dated the 5th March, 1951, of the High Court of judicature at Calcutta Harries J. and Banerjee J. in Appeal from Original Decree No.
Nagendra died in June, 1931, and the said premises were ultimately put up for sale in execution of the mortgage decree and were purchased on the 9th December, 1936, by Hari Charan Dutt, Hari Pada Dutt and Durga Charan Dutt for a sum of Rs.
The appellants filed on the 18th August, 1950, an appeal against this judgment being Appeal No.
Written statements were filed by the appellants and by Susilabala and the two sons of Jogendra denying the claims of the idol and companytending inter alia that there was numbervalid or absolute dedication of the suit properties I to the idol and that the said premises had been respectively acquired by them by adverse possession and that the title of the idol thereto had been extinguished.
The learned judge however dismissed the suit of the idol in regard to the premises No.
41 A Grey Street to be the absolute property of the idol and made the other declarations in favour of the idol as prayed for.
C. Chatterjee S. N. Mukherjee, with him for the appellant.
On the 23rd February, 1927, Nagendra executed a deed of settlement of the said premises by which he appointed his wife Labanyalata and his wifes brother Samarendra Nath Mitter trustees to carry out the directions therein companytained and in pursuance of the deed of settlement he gave up possession of the said premises in favour of the trustees.
A certificate under article 133 1 of the Constitution was granted on the 4th June, 1951, and the High Court admitted the appeal finally on the 6th August, 1951.
41 Grey Street allotted to the branch of Rajendra was subsequently numbered 41 A Grey Street.
Jogendra died on the 5th August, 1911, leaving a will whereby he appointed his widow Sushilabala the executrix thereof.
and Nagendra, then a minor, the three sons of Rajendra filed a suit, being Suit No.
The appeal was argued but so far as the petition for special leave to appeal was companycerned the parties came to an agreement whereby the idol asked for leave to withdraw the petition on certain terms recorded between the parties.
969 of 1909,on the original side of the High Court at Calcutta against Jogendra, Golap Sundari and Padma Dassi, the widow of Sidheswar, another son of Rajendra, for the companystruction of the wills of Dwarka Nath and Rajendra, for partition and other reliefs.
41 A and 40/2 A Grey Street, were its absolute properties and for possession thereof, for a declaration that the companysent decree dated the 24th November, 1910, in Suit No.
On the 22nd November, 1951, the idol applied to the High Court for leave to file cross objections against that part of the judgment and decree of the High Court,which dismissed its claims with regard to the premises No.40/2 A Grey Street.
Snehalata Dutt filed in the year 1929 a suit, being Suit No.
40/2 A Grey Street as, in his opinion, Sushilabala as executrix to her husbands estate and her two sons had acquired title to the said premises by adverse possession and the title of the idol thereto had been extinguished.
probate of his said will.
19,000 filed by the idol against the appellants.
On the 19th July, 1948, the family idol of Dwarka Nath, Sree Sree Iswar Sridhar Jew, by its next friend Debabrata Ghosh, the son of Nagendra, filed the suit, out of which the present appeal arises, against the appellants as, also against Susilabala and the two sons of Jogendra by her, amongst others, for a declaration that the premises Nos.
41 and 40/1 Grey Street and appointed his brother Jogendra the sole executor thereof.
She obtained probate of the will on the 6th August, 1912.
The first mortgage was created by him in favour of Snehalata Dutt on the 19th May, 1926.
A petition made by the purchasers on the 12th January, 1937, for setting aside the sale was rejected by the companyrt on the 15th March, 1937.
In regard however to the cross objection relating to premises No.
41 A Grey Street, exclusively to Nagendra as his share of the family properties.
The said cross objections were however printed as additional record, By an order made by this companyrt on the 24th May, 1953, the petition of the idol for filing cross objections in this companyrt was allowed to be treated as a petition for special leave to appeal against that part of the decree which was against it, subject to any question as to limitation.
Haricharan Dutt companyveyed Ms one third share in the premises to them on the 4th March,1944, and Durga Charan Dutt companyveyed his one third share to them on the 3rd May, 1946.
The arbitrator made his award dated the 12th October, 1920, whereby he allotted premises No.
40/2 A Grey Street.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The second mortgage was executed on the 4th June, 1926, and the third mortgage on the 22nd February, 1927.
The said suit was heard by Mr. Justice Bose who declared the premises No.
Nagendra thereafter executed several mortgages of the said premises.
Grey Street in the city of Calcutta.
41 and No.
Dwarka Nath died on the 16th March, 1892, leaving him surviving his widow Golap Sundari and his two sons Rajendra and Jogendra.
The appellants filed on the 31st May, 1951, an appli cation for leave to prefer an appeal to this companyrt against the said judgment and decree of the High Court at Calcutta.
The appeal, and the cross objections came on for hearing before Harries C. J. and S. N. Banerjee J., who delivered judgment on the 5th March, 1951, dismissing the said appeal and allowing the cross objection in regard to Rs.
201 of 1952.
41 A Grey Street.
19,000.
201 of 1952 and petitioner for special leave.
November 16.
He died on the 31st January,1900, and Jogendra obtained on the 24th April, 1900,.
2379 of 1948.
C. Setalvad, Attorney General for India, B. Sen, with him for respondents Nos.
1042 of 1929, against Nagendra, the trustees under the said deed of settlement and the puisne mortgagees, for realisation of the mortgage security,.
The Judgment of the Court was delivered by BHAGWATI J. This is an appeal on a certificate under article 133 1 of the Constitution from a judgment and decree passed by the Appellate Bench of the High Court of Calcutta, modifying on appeal the judgment and decree passed by Mr. Justice Bose on the original side of that companyrt.
They thus became entitled to the whole of the premises which had been purchased at the auction sale held on the 9th December, 1936.
19,000 to the appellants with interest thereon at the rate of 6 per cent.
The idol was number made a party to this suit.
The appeal as also the petition for special leave to appeal mentioned above came on for hearing and final disposal before us.
N. Bose A. K. Dutt, with him for the respondent in Civil Appeal No.
On the 19th July, 1899, Rajendra made and published his last will and, testament whereby he companyfirmed the dedication made by Dwarka Nath with regard to premises Nos.
The said suit was companypromised and on the 24th November, 1910, a companysent decree was passed, whereby jogendra and Golap Sundari gave up their rights to the sevayatship and Bhupendra, Jnanendra and Nagendra became the sevaits of the idol, a portion of the premises No.
One Dwarka Nath Ghose was the owner of companysiderable moveable and immoveable properties.
He appointed his two sons Rajendra and Jogendra executors of Ms will and provided that his second wife Golap Sundari and the two sons Rajendra and jogendra should perform the seva of the deity and on their death their heirs and successors would be entitled to perform the seva.
1, 2 and 3 in the petition for special leave.
On the 4th September 1909, Bhupendra, Jnanendra.
Disputes arose between Bhupendra, jnanendra and Nagendra, the sons of Rajendra, and one Kedar Nath Ghosh was appointed arbitrator to settle those disputes.
On the 10th June, 1891, he made and published his last will and testament whereby he dedicated to this family idol Shree Shree Iswar Sridhar Jew his two immoveable properties, to wit, premises No.
118 of 1950, arising out of the Judgment and Decree dated the 15th June, 1950, of the said High Court in its Ordinary Original Civil jurisdiction in Suit No.
