- (1.) The order under challenge passed by the learned Court below wherein the concerned Court allowed both applications for addition of party one filed by the revisionists and the other by the private respondent in a proceedings initiated for selling the debuttar property. The respondent Nos. 1, 2 and 3 all are shebaits under of the duties appointed under one arpannama executed by one Pratap Chandra Ganguly, since deceased on 12th February, 1937. By the said registered arpannama, Sri Pratap Chandra Ganguly, since deceased, dedicated some properties for religious purposes particularly to the deities Sri Sri Annapurna Thakurani, Sri Sri Shiba Linga, Shib Thakur and Sri Sri Saligram Shila Narayan Thakur consecrated much before the said registered arpannama. Besides dedication of the properties said Pratap Chandra Ganguly also directed that the annual performances of the religious ceremonies to the deities and other religious ceremonies which are regularly held in his house situated at 42/1, Chetla Road, Kolkata - 700 027 performed regularly. It was further directed that deities would be worshipped daily, etc.
(2.) It was made clear that after all such performances if there is surplus amount, the amount to the deposited in the name of the shebaits in the bank with which, properties which generate better income shall be purchased and consequently to be included in the debuttar estate. It was also stipulated in the arpannama that the shebaits could not be entitled to make gift or sale or grant lease or create mourashi mokarari rights without any legal necessity and shebaits are prevented to mortgage or otherwise encumber the said debuttar properties.
(3.) In terms of the aforementioned arpannama deities are worshipped regularly and ceremonies and religious performances were also held including invitation relatives, friends and other persons of the family including poor people who were also fed and all expenditures were also incurred from the income of the debuttar estate.;