In Execution Cases Nos.
Adwaita died in March, 1930, and after his death, Satish Chandra Roy became the managing Shebait and companytinued to act as such till his death in 1940.
2,200, both payable in sixteen yearly instalments with a further stipulation that in default of payment of any one of the instalments, the whole or balance of the decretal amount would become due and payable in each.
It appears that while Adwaita was still the managing Shebait, a suit was instituted by some of his company Shebaits to remove him from his office and pending the hearing of the suit, Ramjanaki Roy, another companyShebait, was appointed a Receiver of the debutter property by the companyrt.
The subsequent Kobala executed by the Chakrabortys in favour of Oramba .
5,068, having been found due to the creditor, Satish Chandra gave him a renewed Hatchita for that amount.
214 of 1942 and 231 of 1943 arising from the Decrees, dated the 16th June, 1942, of the Court of the Subordinate Judge, Burdwan, in Money Suit No.
There were prayers also for restoration.
261 and 262 of 1932, the properties mentioned in Schedule Ka in each case were put up to sale and they were purchased ostensibly by the two decreeholders Aditya and Dhiren.
The result, therefore, was that the properties described in the three Schedules came to vest in Oramba Sundari, the wife of Aghore Nath Roy.
It was alleged that Aghore Nath Roy purchased these properties in the benami of the decreeholders in two out of the three execution proceedings and in the benami of his wife Oramba Sundari in the third.
5,800, and the other for Rs.
the Judgment and Decrees, dated the 12th August, 1948, of the High Court of Judicature at Calcutta in Appeals from Original Decrees Nos.
Nanitosh died in 193 1, and in 1932 his two sons Aditya and Dhirendra, who figure as respondents 14 and 15 in these appeals, instituted two money suits against Satish Chnandra, the managing Shebait, in the Court of the Subordinate Judge, Burdwan, being Money Suits Nos.
The allegations in the applications, in substance, were that the Chakrabortys were mere benamidars for Aghore Nath Roy, who was the real lender and the real decreeholder in both these suits.
The principal opposite parties to these proceedings were the Chakraborty decreeholders, Oramba Sundari, the ostensible purchaser, and Aghore Nath Roy, her husband.
76 and 77 of 1936, arising out of Money Suits Nos.
Both the suits were decreed on the basis of a companypromise dated the 23rd July, 1933, and two companysent decrees were passed, one for a sum of Rs.
261 and 262 of 1932, for recovery of the moneys due in respect of the Hatchita and the promissory numberes mentioned aforesaid.
There was an adjustment of accounts between Nanitosh, the creditor,in whose favour the Hatchita was executed, and Satish Chandra, the managing Shebait some time in October, 1931, and a sum of Rs.
Subsequently, the decreeholders, who purchased Ka and Kha Schedule properties sold them by a registered Kobala to the said Oramba Sundari Dasi on the 26th of July, 1940.
262 of 1932/Miscellaneous Case No.
The instalments number having been paid in either of the cases both the decrees were put into execution.
261 of 1932/ Miscellaneous Case No.
132 of 1941 and Money Suit No.
Finally, in Execution Cases Nos.
3,801.
On the 28th August, 1941, the deities represented by some of the Shebaits filed two applications under section 36 6 a ii of the Bengal Money Lenders Act praying for the reopening of the two companypromise decrees mentioned aforesaid and the passing of.
17 and 18 of 1939 were started again in companynection with the said decrees and this time the properties specified in Schedule Kha were attached and put up to sale and they were also purchased by the Chakraborty decreeholders.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
Against this decision, Oramba Sundari took two appeals to the High Court of Calcutta and the learned Judges, who heard the appeals, affirmed the decision of the companyrt below and dismissed both the appeals.
130 and 131 of 1951.
163 of 1939 and 5 of 1940, the properties described in Schedule GA were sold and they were, knocked down to Srimati Oramba Sundari Dasi, who figures as the appellant in the appeals before us and who, it may be numbered, is the wife of Aghore Nath Roy, a son of Adwaita, the former managing Shebait of the debutter estate.
With the permission of the companyrt, Ramjanaki borrowed from the same Nanitosh Chakraborty three sums of money on three different promissory numberes executed respectively on the 27th September, 1929, 1st October, 1929, and 14th January, 1930.
to the deities of all the properties mentioned in Schedules, Ka, Kha and Ga which were purchased in execution of the decrees.
Appeals from.
The last entry in the Hatchita was made in March, 1929, and the total amount borrowed up to that date came up to Rs.
The facts material for our present purpose lie within a narrow companypass and may be stated as follows The principal respondents are certain idols, represented by their managing Shebait Ram Govinda Roy.
The Judgment of the Court was delivered by MUKHERJEA J. These two analogous appeals, which are between the same parties and involve the same points in dispute, are directed against a companymon judgment of a Division Bench of the Calcutta High Court dated the 12th of August, 1948, by which the learned Judges affirmed, in appeal, the decision of the Subordinate Judge of Burdwan passed in two analogous proceedings under section 36 of the Bengal MoneyLenders Act.
The suit was eventually dismissed for number prosecution after Adwaitas death.
C. Chatterjee A. K. Dutt and Sukumar Ghose, with him for the appellant.
Manmohan.
March 12.
Three years later, Execution Cases Nos.
Sundari was also asserted to be a fictitious companyveyance made in favour of Aghore Nath Roy in the name of his wife.
Admittedly Adwaita Charan Roy was the managing Shebait of the deities from 1926 to 1930 and as Shebait, he executed a Hatchita in favour of one Nanitosh Chakraborty some time in April, 1928, on the basis of which he received advances of money from time to time from the latter.
The idols are the family deities of the Roys of Bonpash in the district of Burdwan, and the number of Shebaits being very large, there is a recognised usage in this family that the seniormost member amongst the descendants of the founder acts as the managing Shebait and it is he who manages the endowed properties and looks after the due performance of the worship of the idols.
Mukherjee and P. K. Chatterjee for respondent No.
