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Issues:
- Validity of decrees obtained against predecessor sebait - Binding effect of decrees on successors of sebait - Legality of attaching profits of dewuttur lands for debts incurred by predecessor sebait Analysis: 1. The Appellants initiated a suit to set aside two decrees obtained against their predecessor sebait, alleging fraud and collusion. The subordinate Judge found in favor of fraud, but the High Court overturned this decision due to lack of evidence, which was upheld by the Privy Council. 2. The decrees in question were based on loans taken by the predecessor sebait for the idol's service and temple expenses, leading to legal disputes on the liability of dewuttur property. The judgments were considered res judicata by the Privy Council, barring proof of fraud or collusion. 3. The main issue revolved around whether the decrees could be enforced against the successors of the sebait, with the Council opining that debts incurred for idol service could bind the succeeding sebaits, ensuring continuity in managing the idol's property. 4. The Council discussed the inalienability of property dedicated to religious purposes under Hindu law but recognized the sebait's authority to incur debts for necessary expenses related to idol worship, temple maintenance, and legal defense, subject to existing necessity. 5. The Council emphasized the importance of ensuring judgments against sebaits are untainted by fraud or collusion and that proper issues were raised and decided in the original suits. In this case, the conditions were met, justifying the binding effect of the decrees on the successors. 6. The judgment affirmed the attachment of profits from dewuttur lands to satisfy the debts, highlighting the need to maintain idol worship and property preservation. The decision dismissed the appeal, upholding the High Court's ruling and ordering the costs to be borne by the Appellants.
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