ASIS MITRA Vs. SIBANI DUTTA

JUDGEMENT

(1.) QUESTIONS are asked to this Court on this Originating Summons, under Chapter XIII of the Original Side Rules. The questions are posed by one of the Shebaits of the estate of the deity Thakurani Shree Shree Durga Mata Jew. The questions concern the last Will and Testament of Baikuntha Nath Dutta, a very wealthy citizen of Calcutta, made on 30th July, 1916. He was profoundly religious too. In 1900, he had founded a "thakurbari". He installed this deity there and started worship. By this Will various properties of the testator were dedicated to the above deity housed at the Thakurbari at No. 32, Jugernath Dutta Lane (27, Raja Dinendra Narayan Roy Street, Kolkata). Shebaits were appointed. Clause 5 of the Will dealt with the devolution of Shebaitship. It is set out hereunder:

(2.) THE Will was altered by a Codicil dated 15th July, 1919. The alteration with regard to succession was as follows:

(3.) AS Lord Nothingham LC observed in 1681 in the Duke of Norfolk's case (1681) 2 Swans 454 at 460: