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Issues:
1. Suit for possession of property by an idol represented by a worshipper. 2. Maintainability of the suit under Section 92 of the Code of Civil Procedure. 3. Right of a worshipper to represent an idol when the Shebait acts adversely. Detailed Analysis: Issue 1: The case involved a suit filed by an idol, represented by a worshipper, for possession of a property against an alienation by the Shebait. The High Court decreed the suit in favor of the idol, leading to the appeal to the Supreme Court. Issue 2: The appellant challenged the findings of both lower courts on factual and legal aspects. The Supreme Court upheld the concurrent findings, stating that the transaction was not binding on the idol and the consideration was inadequate. The Court also confirmed the right of the idol to file the suit through a worshipper, as the relief sought was not covered under Section 92 of the Code of Civil Procedure. Issue 3: The key question was whether a worshipper could represent an idol when the Shebait acted against its interest. The Court discussed the legal status of an idol in Hindu law, emphasizing that an idol is a juridical person capable of holding property. It was established that in cases where the Shebait fails to protect the idol's interest, worshippers can represent the idol to safeguard its rights. The Court cited various precedents supporting this view and rejected contrary decisions that limited the right to the Shebait. In conclusion, the Supreme Court dismissed the appeal, affirming the maintainability of the suit filed by the idol represented by a worshipper. The judgment clarified the legal standing of an idol, the role of worshippers in protecting idol's interests, and the limitations of Section 92 of the Code of Civil Procedure in such cases.
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