the appellant filed this suit on 22 january 1959.
the trial companyrt passed a decree in favour of the appellant.
he appointed his brother pramatha nath ganguli as the executor.
1200/ one half share of the full title that i have in the said kalibati together with the land underneath the pucca building and income etc.
from this day share to the extent of /8/ eight annas out of the sixteen annas in right title and interest which i had in the said property devolves on you and you being entitled to the rights of gifts sale etc.
on 22 august 1905 pramila debi filed a suit in the high court against rakhal chandra mukherjee for a declaration of her right in the temple premises and the sheba puja.
the district judge granted probate to pramatha nath ganguli in respect of first will and letters of administration with companyy of the will annexed to pramila debi in respect of the second will.
on 3 august 1925 pramatha nath ganguli applied for probate before the district judge 24 parganas.
the legal necessity claimed in the deed was incurring expenses in connection with the litigation relating to the temple premises and the shebaiti right against rakhal chandra mukherjee.
the appellant claimed a declaration that he is the sole owner of premises number 244 bowbazar street calcutta and is the sole shebait of firingi kali and other deities.
k. mukherjee for the respondent.
the centre of companytroversy in this appeal turns on the construct of the deed dated 29 january 1907 made by pramila debi in favour of upendra nath ganguli.
the alternative prayer is a declaration that the plaintiff is entitled to an undivided half share in the said premises and to half the pala in the sheba.
upendra nath ganguli died on 30 january 1925.
upendra nath ganguli who came into possession of the premises carried on sheba puja till his death in 1925.
on 17 july 1928 probate was granted to pramatha nath ganguli in respect of both the wills of upendra nath ganguli.
appeal from the judgment decree dated the 11th april 1973 of the calcutta high companyrt in appeal from original decree number 52 of 1972.
on 5 numberember 1922 upendra nath ganguli made his first will.
shashi bhusan banerjee performed sheba till his death on 24 august 1894.
srimanta pandit carried on the sheba.
by an order dated 6 february 1928 the proceedings relating to letters of administration granted to pramila debi were remanded to the district judge by a division bench of the high companyrt at calcutta.
upendra nath ganguli bequeathed life interest in respect of temple premises to pramila debi as shebait and after her death to the appellant kali kinkor ganguly.
the banerjees who are the heirs of shashi bhusan banerjee denied the appellants right in the premises and in shebaiti rights.
meanwhile on 3 august 1906 pramila debi along with one chandra kumar banerjee who was the reversioner of shashi bhusan banerjee sold certain properties of the estate of shashi bhusan banerjee to upendra nath ganguli for legal necessity.
she companytended that there was a second will.
and in the kali mandir and bati situate at 244 bowbazar street calcutta together with the land underneath the pucca building and in the entire income and profit therefrom.
the high court held that the transfer by pramila debi in favour of upendra nath ganguli is invalid.
paripurna debi after the death of shashi bhusan banerjee carried on sheba puja of the deity.
on 12 december 1925 pramila debi filed an objection in the probate proceedings.
on 15 february 1925 upendra nath ganguli made a second will by which he bequeathed to pramila debi all his right title and interest in the temple premises for her life.
the judgment of the companyrt was delivered by ray c.j.
on 15 september 1947 pramila debi died.
on 29 january 1907 by a deed pramila devi sold one half share of her full title in the temple and the share of shebaiti right to upendra nath ganguli.
by the deed pramila debi sold to upendra nath ganguly for companysideration of rs.
on her death rakhal chandra mukherjee brother of paripurna debi took possession of the temple premises and ousted pramila debi.
the allegations in the plaint are that the respondents viz.
in 1880 srimanta pandit by a registered deed transferred the temple together with the deities and the shebaiti right of the deities to shashi bhusan banerjee.
she died on 10 april 1905.
on 12 february 1907 pramila debi obtained a decree against rakhal chandra mukherjee declaring her to be entitled to temple premises and to the right of sheba puja.
the appellant was entitled to half share of the shebaiti right of the deities and the respondents were entitled to the other half in accordance with the deed dated 29 january 1907 made by pramila debi in favour of upendra nath ganguli.
he installed the deities kali sitala manasha and shaligram shila.
the trial companyrt held that the transfer of half share of shebaiti right by pramila debi to upendra nath ganguli was for legal necessity and the transfer was binding on the defendants in the suit.
civil appellate jurisdiction civil appeal number 1115 of 1973.
in 1820 kali prasad pal and gouri prasad.
he left behind him two widows paripurna debi and pramila sundari debi.
from the kalibari that is to say /8/ eight annas share in the said kali mata her seba and pala etc.
ramakanta pal became the shebait.
he companystructed a small brick built one storeyed room thereon.
pal the two sons of ramakanta pal orally transferred the temple together with the idol and shebaiti right of the deity to srimanta pandit.
two companytentions were advanced on behalf of the appellant.
in 1949 pramatha nath ganguli died.
the high companyrt on appeal set aside the decree.
this appeal is by certificate from the judgment dated 11 april 1973 of the high companyrt at calcutta dismissing the appellants suit.
b. m. sinha salil ganguly and samir roy choudhury for the appellant.
sen and d. n. mukherjee for the respondents.
