ANGURBALS MULLICK Vs. DEBABRATA MULLICK

JUDGEMENT

(1.) This appeal is directed against an appellate judgment of the Calcutta H. C., dated 19-5-1950, which affd, the judgment of a single Judge of the Original Side of that Ct. passed on 9- 2-1949, in Suit No. 2481 of 1947.

(2.) The pltf. who is the applt, before us, is the widow of one Mrityunjoy Mullick, and wealthy Hindu resident of Calcutta, while the deft. who is still an infant, is the only son of Mrityunjoy born of his first wife Kiranbala, who died during the lifetime of her husband. The controversy between the parties centres round the short point as to whether the pltf, is entitled, after the death of her husband, to act as shebait of an idol named Sree Sree Nittogopal Jew founded by Mrityunjoy and his mother, either solely or jointly with the deft. her stepson.

(3.) To appreciate the points that have been canvassed before us in this appeal, it will be necessary to narrate a few antecedent fact about which there is no dispute between the parties. It may be stated here that neither side adduced any evidence before the trial Judge during the hearing of the case and the questions raised up the suit were argued as questions of law turning on the construction of the indenture which created the endowment as well as of the provisions of the Hindu Women's Rights to Property Act (Act XVIII [18] of 1937) as amended by Act (XI [11] of 1938).