ISWAR GOPAL GOBINDA JEW THAKUR Vs. RUPA MUKHERJEE

JUDGEMENT

(1.) This summon was taken out originally by one Debabrata Bose, since deceased being the son of the settlor of the subject trust posing a number of questions for opinion of this Court, the questions are as follows :-

(2.) On death of the original plaintiff No. 2 on 7th April, 2001 Mrs. Roma Bose, Mrs. Ratna Guha and Mrs. Devipriya Guha Biswas were substituted in place and instead of original plaintiff No. 2. The defendants are quite large in number but only the defendant Nos. 3 & 4 have come forward to oppose this summons.

(3.) The said Motilal Bose, since deceased, the father of the original plaintiff No. 2 is a pious Hindu gentleman by and under an indenture of trust dated 21 st July, 1949 created a trust of his property consisting of four cottahs three chittaks and thirteen square feet wide brick built pucca building commonly known as 'pala house'. By this trust the settler granted transferred and conveyed the trust property unto himself as the first trustee and two other trustees named therein. The object of the trust and the beneficiaries thereof are mentioned in the trust deed specifically. One of the beneficiaries is the plaintiff No. 1 deity. Several directions have been given upon the trustees to perform their duty. For the purpose of proper and effective seba puja of the plaintiff/deity the office of the shebait has also been created. In this summons the parties are concerned with the right, title and interest in this Shebaitship. So it is appropriate to set out the relevant provision for creating office of shebait and the mode of succession of the same.