ALPANA DE & ORS Vs. RAIKISHORI SEAL

JUDGEMENT

(1.) This Originating Summons Suit has been filed by the daughters of Late Mohonlal Seal for answering the following questions: -

(2.) The Deed of Arpannamas provides that after his death his three sons, namely, Mohan Lal Seal, Monoj Lal Seal and Mohit Lal Seal and if any other son is born during the lifetime of the settlor then all of them each adult son himself and if any son or sons minor then the guardian or guardians of the minor son or sons shall be appointed as Shebait and they shall jointly look after the administration and preservation of the Debuttar properties and of the performance of Seva, Puja and periodical puja archana of the said deities.

(3.) Monohar Lal Seal acted as the sole shebait during his lifetime. He died on 26th March, 1963. On his death his three sons became shebaits to carry out seba puja and act in accordance with the terms of the said Arpannama. Mohon Lal had five daughters and no son. Manoj Lal Seal had two sons and one daughter and Mohit Lal Seal had one son and two daughters. Since Mohon Lal Seal had no son and in view of Clause 3 of the said Deed of Arpannama, the settlor had directed that the lineal male descendants would only become the shebaits from generation to generation and it is only if there is no lineal male descendant at all and becomes extinct then only by virtue of Clause 4 of the said Deed of Arpannama the office of shebaitship will devolve on the male descendants of the settler's daughter which would completely prohibit the daughters of the Seal family from becoming shebait of the said deities, Mohan Lal Seal filed an Originating Summons Suit No.227 of 1990 raising the following questions for determination: -