Madhab Chandra Bera, since deceased (now represented by Khetra Mohan Bera) and another vs Srimati Sarat Kumari Debt and others

Lord Buckmaster

The question for decision on this appeal is whether certain property amounting in all to 1451 bighas, part of Mouzah Krishnanagar is, as the appellants allege, rent free Brahmattar property, or whether, as has been found by the two Courts below, it is debuttar property devoted absolutely and in perpetuity as an endowment of an idol known as Sri Sri llswar Madan Gopal Jia. The determination of this point depends in part upon the consideration of certain documents and in part upon the verbal evidence as to the purposes for which the revenues of the land have, in fact, been used. The learned Subordinate Judges and the Judges of the High Court, from whom his appeal is brought, have considered this question with the utmost care. It cannot be suggested on behalf of the appellants that they have misconstrued the law that is applicable to the dispute nor that they have wrongly admitted in evidence documents which ought not to have been considered. The only ground upon which it is possible to base this appeal is that the effect that they had given to certain of the documents and transactions in the case was something which, on a fair consideration of those documents and transactions, could not properly be permitted. Their Lordships see no reason to think that they have erred in this respect. Having read and carefully followed the detailed and elaborate judgments which have been given in this case, they have come to the conclusion that in truth this question, which is a question of fact, has been concurrently determined against the appellants by the judgments of both the Courts below.

Their Lordships will therefore humbly advise His Majesty that this appeal should be dismissed with one set of costs only.