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TMI Blog1909 (7) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... among whom the office of Mohant has descended, for more than a century, by the rule of lineal primogeniture. In 1787, one Bichitrananda was Mohant, and the origin of the title to the mouzah is a sanad, dated on the 23rd December in that year, which is in the following terms: To the remembered and abode of all blessings, Sri Bichitrananda Mohant Goswami, of good character. This deed of pottah of debuttar property is executed to the following effect. Being in sound health and easy mind, I do grant to you by way of lakheraj debuttar the entire mouzah Gorfalbari, in pergunnah Pandra, together with all bills, jhils, waste and danga lands, jungles and culturable lands and whatever exists thereon. By bestowing your blessing on us, you do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a. 4. But the case for the appellants does not rest on this consideration alone. In February, 1860, the then Mohant Pranananda, describing himself as Brittibhogi-holder of debuttar, granted to one Ananga Mohini Debi a mokurari pottah, or permanent lease, of the entire mouzah, with the exception of five bighas, which were reserved as set apart as the place of repose for the deity. In this document the mouzah is described as my long-standing ancestral lakheraj debuttar property endowed for the services of the deity. Under this grant, Ananga Mohini, and afterwards her husband, Magaram, had possession of the estate until 1877, when it was sold in execution of a decree for rent obtained by Pranananda against Magaram, whose interest is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Shibessouree Debia v. Mothooranath Acharjo (1869) 13 Moo. I.A. 270, 275 that, apart from such necessity to create a new and fixed rent for all time, though adequate at the time, in lieu of giving the endowment the benefit of an augmentation of a variable rent from time to time, would be a breach of duty in the Mohant. There is no allegation that there were any special circumstances of necessity in this case to justify the grant of the pottah of 1860, which on the most favourable construction enured only for the life-time of the grantor, Pranananda, who died in 1891, or of the pottah of 1896, which, at best, could only be deemed operative during the life-time of Raghabananda, who died in 1900. As regards Raghabananda, who su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration), for the purpose of following in his or their hands such property shall be barred by any length of time. 8. Statutes of Limitation, like all others, ought to receive such a construction as the language, in its plain meaning, imports : Luchmee Buksh Boy v. Runjeet Ram Panday (1873) 13 B.L.R. 177, 182. Now, what is the plain meaning of the words purchased for a valuable consideration ? They mean that the ownership of the property sold has been absolutely transferred from the vendor to the purchaser in consideration of a price paid or secured by the purchaser to the vendor. Sir Robert Finlay, in his able argument for the respondents, contended that a mokurari lease is tantamount to a conveyance in fee simple, and that the less ..... X X X X Extracts X X X X X X X X Extracts X X X X
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