ISHWAR SRIDHAR JEW Vs. SUSHILA BALA DASI

JUDGEMENT

(1.) This is an appeal on a certificate under Article 133 (1) of the Constitution from a judgment and decree passed by the Appellate Bench of the High Court of Calcutta, modifying on appeal the judgment and decree passed by Mr. Justice Bose on the original side of that Court.

(2.) One Dwarka Nath Ghosh was the owner of considerable moveable and immovable properties. On the 19th June 1891, he made and published his last will and testament whereby he dedicated to his family idol Shree Shree Iswar Sridhar Jew his two immoveable properties, to wit, premises No. 41 and No. 40/1, Grey Street in the city of Calcutta. He appointed his two sons Rajendra and Jogendra executors of his will and provided that his second wife Golap Sundari and the two sons Rajendra and Jogendra should perform the 'seva' of the deity and on their death their heirs and successors would be entitled to perform the 'seva'.

(3.) Dwarka Nath died on 16th March 1892 leaving him surviving his widow Golap Sundari and his two sons Rajendra and Jogendra. On 19th July 1899 Rajendra made and published his last will and testament whereby he confirmed the dedication made by Dwarka Nath with regard to premises Nos. 41 and 40/1, Grey Street and appointed his brother Jogendra the sole executor thereof. He died on the 31st January 1900 and Jogendra obtained on the 24th April 1900 probate of his said will. Probate of the will of Dwarka Nath was also obtained by Jogendra on the 31st August 1909.