GANESH CHUNDER DHUR Vs. LAL BEHARY DHUR

JUDGEMENT

(1.) THIS appeal raises a question as to the validity of the provisions for the shebaitship of certain Hindu idols made by the will of Lukey Narain Dhur, who was a Hindu governed by the Dayabhaga School of Hindu law, and who died on March 26, 1927. The following genealogical table will show the relationship of the parties :- Luckey Narain Dhur - Kadammoni Dasi| | || Kartik Ganesh (appellant)Ram | || Netye Madan | | | | || Lal Behary Bon Behary Rash BeharyBanku Behary

(2.) THE testator was survived by his widow and by his three sons.

(3.) ON April 25, 1929, letters of administration de bonis non were granted to the Administrator-General of Bengal, whereupon disputes arose as to which descendants of the testator were entitled to act as shebaits and to receive payment of the income of the estate, and the present suit was by originating summons taken out by the Administrator-General on August 1, 1933, for determination of the following questions : 1. ON a true construction of the Will of Luckey Narain Dhur is the appointment of Shebaits after the death of Ram Chandra Dhur and Kartick Chandra Dhur (since deceased) and the line of succession to Shebaitship created by Clause 11 of the said Will valid? 2. If not, who are the persons at present entitled to act as Shebaits to the deities mentioned in the said Will in the events which have happened ? 3. In the events which have happened, to whom is the income of the residuary estate to be made over ?