- (1.) This is an appeal by the defendant 1 from an appellate decree and it arises out of a suit for a declaration and permanent and mandatory injunctions.
(2.) The immovable property described in 'Ka' schedule and the movables described in 'Kha' schedule to the plaint are debutters of the property of the deity Sri Sri Kalimata Thakurani of Ghutia Bazar in the town of Chinsurah in the district of Hooghly. 'Ka' schedule property comprises of temple of the deity and other structures within the temple compound. Three brothers Amulya, Puma and Prafulla Gangopadhyay were the shebaits of the deity. Purna transferred his 1/3rd share in the shebaitship to Prafulla who thereafter had 2/3rd share and Amulya had the remaining 1/3rd share in the shebaitship of the deity. By a written agreement between Prafulla and Amulya the pala or turn of worship was divided. Prafulla was to perform sheva puja of the deity for two years from Magh to Pous each Bengali year and Amulya was to do so in the third year. Thereafter Amulya died on 12th Falgun 1370 B. S. (29-3-1963) leaving a daughter (the plaintiff No. 1) and two widows (plaintiff 2 and the pro forma defendant No. 2).
(3.) The plaintiffs brought the present suit against Prafulla alleging that when their pala began from 1st Magh 1372 B. S. Prafulla the defendant 1 did not make over to them the 'Kha' schedule movables required for worship of the deity and refused to allow them to perform sheva puja. He also prevented the plaintiffs from entering into the rooms of the deity for worship.;