Giri claimed to be a worshipper and moved the Court challenging an order passed by the lower court in his suit dismissing the application for a decree of admission.
The dispute dated back to the year 1916 when one Nikko Bibi bequeathed the property to two trustees, namely, Shambhu Nath and Shankar Nath.
Shambhu Nath, on the basis of the said bequest, mortgaged the suit property to one Anaro Devi on July 28, 1954 and June 1 1955.
The said mortgages were challenged by the other trustee Shankar Nath, by way of a civil suit, seeking a declaration that the mortgage of the property was bad as it was barred by the another will dated November 19, 1930 through which Nikko Bibi bequeathed the property ‘in the name of God’.
Source: Barandbench
