Law: Specific Relief Act (I of 1877)

Section: 42

Specific Relief Act (I of 1877), S. 42, proviso-Possession neither with plaintiff nor defendants-Suit for simple declaration maintainable -[Nirmal Chandra Banerjee v. Mahomed Siddik I L R 20 Cal. 11 (P C), Chinnammal and another v. Varadarajulu and another I L R 15 Mad. 307 and Satish Chunder Bhuttacharya and another v. Satya Charan Majumdar 14 C W N 567 rel. Ganesh Chunder Dhur v. Lal Behary Dhur and others 63 I A 448, 452; Bhabatarini Debi v. Asholata Debi and others 70 I A 57, 66, 69 and Manohar Mukherjee v. Bhupendra Nath Mukher jee I L R 60 Cal. 452 (F B) distinguished.   Hindu Law - Mutt Akhara - Debutter - Temple Mohunt - Shebait - Distinction Akhara, a private institution.   Evidence Act (1 of 1872), S. 32(7) read with S. 13(a) Written statement filed by third party, in previous suit by plaintiff Previous suit subsequently withdrawn-Allegations in written statement not "transaction" within meaning of cl. (a) of S. 13, Evidence Act (I of 1872)-Written statement, held, in admissible-[Words and phrases]-"Transaction"-Civil Procedure Code (V of 1908), O. XXIII, r. 1-Withdrawn suit regarded as "never brought."   Expert-[Translator from Devnagri language into Bengali] Statement recorded by High Court in second appeal-Evidence Act (I of 1872), S. 45.   Civil Procedure Code (V of 1908), S. 103 read with O. XLI, rr. 23, 23-A & 25-Case vitiated by illegality or irregularity in procedure-High Court reluctant to remand case-Finding of fact may be interfered with in second appeal. JUDGMENT   CHOWDHURY, C. J.-This appeal is by the plaintiff Baishnab Das Mohanta against the judgment and decree of the lower appellate Court in a suit for a declaration that he is the Mohanta or shebait of the deities of Behari Lal Jew Thakur Akhara said to have been established from time immemorial by some Baishnaba ascetic sadhu of the Ramayut sect (Ram Bhakta Baishnav Shapredays) at 27, Basanta Kumar Das Road, Farash ganj, Dacca, wherein the deities Sree Sree Radha Krishna Bigraha, Sree Sree Ram Chandra Lakhman and Janaki Bigraha and Laxmi Narayan Thakur Bigraha better known as Behari Lal Jew Thakur were consecrated in the…