9911796707
TMI Blog1875 (2) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... usion, and an issue was framed on this charge. The subordinate Judge gave a judgment on this issue, from which, although somewhat ambiguous and obscure, it may be inferred that he considered the charge of fraud had been sustained. 3. The High Court, however, on appeal, came to the distinct conclusion, and in their Lordships' opinion rightly, that this charge was unsupported by any evidence. The learned Counsel for the Appellants having admitted at the Bar that he could not on this point successfully impeach the judgment of the High Court, it is unnecessary to consider it further. 4. It should be observed in limine that the case does not come before their Lordships by way of appeal from the decrees sought to be impeached, but upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime of the execution of the decree. 7. The present Respondent appealed from this decision to the Zillah Judge. In disposing of the issue of fact this Judge came to the conclusion that the money had been borrowed and expended for the service of the idol. On the other questions he held, first, in conformity with the opinion of the pundit of the Court, that the rahinama or specific pledge of the property could not be enforced; but secondly, that a decree founded on the bond for the money so borrowed might be given, to be realized from the rents of the dewuttur lands. He accordingly so framed the decree. 8. The second decree now sought to be set aside was obtained in a suit instituted by the Respondent in the Court of the Principal Sudder ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Bar. 11. It was first contended that, according to the true construction of the decrees, they were ex fade intended to bind Rajah Baboo alone, and not succeeding sebaits; but their Lordships, during the argument, stated that in their opinion the plain meaning of the decrees was that the entire debts should be realised out of the profits of the dewuttur lands. 12. The main point for decision remains, whether these decrees can now be legally carried into effect, which raises the question. whether the profits of dewuttur lands can be attached and appropriated during the incumbency of succeeding sebaits by virtue of judgments obtained against a former sebait in respect of debts properly and necessarily incurred by him for the service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent, the succeeding sebaits would have been bound by it; probably for the reason that after a judgment it must be assumed either that such, a pottah was warranted by the terms of the original endowment, or by usage, or was in some way beneficial to the interests of the trust. It is said: If the decrees appealed against stood unreversed, the title to hold at a fixed invariable rent would, on the pleadings, and especially on the judgments, be viewed as res judicata, binding on the parties, and those claiming under them. 18. But, notwithstanding that property devoted to religious purposes is, as a rule, inalienable, it is, in their Lordships' opinion, competent for the sebait of property dedicated to the worship of an idol, in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shewn to have acted mala fide, will not be affected, though it be shewn that with better management the estate might have been kept free from debt. See Hunooman Persaud Panday v. Mmsumat Bdbooee Munraj Koonweree 6 Moore's Ind. App. Ca. 243. 19. It is only in an ideal sense that property can be said to belong to an idol; and the possession and management of it must in the nature of things be entrusted to some person as sebait, or manager. It would seem to follow that the person so entrusted must of necessity be empowered to do whatever may be required for the service of the idol, and for the benefit and preservation of its property, at least to as great a degree as the manager of an infant heir. If this were not so, the estate of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the decrees relied on are untainted by fraud or collusion, and that the necessary and proper issues were raised, tried, and decided in the suits which led to them. These conditions appear to have been fulfilled in the present case. 24. It is to be observed that execution of the judgments sought to be set aside is decreed, and in their Lordships' view rightly, only against the rents and profits of the dewuttur lands. Whether the judgments have been satisfied by the profits already received, or whether some provision ought to be made out of such profits, during the pendency of the attachments, for the continuance of the worship of the idol, are questions not raised in this appeal. The object of the present suit is to have the proper ..... X X X X Extracts X X X X X X X X Extracts X X X X
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