SATYANARAYANJEE Vs. S C CHUNDER

JUDGEMENT

(1.) Raja Shew Bux Bagla was a pious and charitable Hindu merchant and landholder of Calcutta (hereinafter referred to as the Raja). The Raja established the images of Sri Sri Satyanarayanjee (with Lachmijee) at premises No. 51 Cotton Street, Calcutta, in the year 1884. The Raja also established another deity of the same name at his house situated at Bisseswar Nath Fatak, Banaras, in the year 1885. The Raja also established images of four other deities, namely, the image of Mahadeb, the image of Sri Sri Parvati, the image of Sri Sri Soorjanarain and the image of Sri Sri Ganeshjee as auxiliary to the said idol Sri Sri Satyanarayanjee at the said places, namely, at 51 Cotton Street, Calcutta and at Bisseswar Nath Fatak, Banaras. The Raja was the shebait of the deities.

(2.) By a deed dated January 11, 1888 (hereinafter called the deed of 1888), the Raja and one Ganpat Roy Bagla conveyed the said two properties to the Raja as shebait of the deities to have and to hold the said properties upon trust with the object and to perpetuate and support the worship of the idols and to maintain and keep up the chattur attached to and connected with the worship of the idols at Banaras. The deed, inter alia, provides that the Raja will hold the properties upon trust and keep locate and put up the idols in a portion of the premises No. 51 Cotton Street, Calcutta and "let out or demise such other portions, rooms or set of rooms" of the premises No. 51 Cotton Street "as to the discretion of the said shebait or shebaits can be conveniently let out and demised for any term or period upon and subject to such rents covenants and conditions as the said shebait or shebaits shall think fit...."

(3.) On August 1, 1901, the Raja made a deed of declaration in writing (I shall call it the deed of 1901). In the deed of 1901 the Raja stated that he established the deities and the said chattur, but as the income of the temple house at 51 Cotton Street was falling short of the sum total of the expenses of the said sheba and the chattur by a monthly sum of Rs. 348-7-0 the Raja covenanted and agreed to pay the said monthly sum and further agreed that the said sum should be a primary charge on all the properties and sources of income of the Raja and his heirs and assigns. In the deed of 1901 the Raja also stated that the payment of the monthly sum should decrease in proportion to the income secured to the deities by the Raja or any of his descendants by dedication or consecration of additional properties or effects yielding monthly or periodical profits. In the deed of 1901 it is further stated by the Raja that in order to decrease and reduce the payment of the said monthly sum of Rs. 348-7-0 the Raja by an indenture dated August 31, 1889, purchased certain properties. It is also stated that in the year 1890 the Raja also established a dharmasala at Howrah as resting place for the Hindus. It is stated in this deed that the Raja purchased two other properties in the years 1897 and 1898 respectively. It is further stated in this deed that by an indenture dated September 12, 1899, the Raja acquired for the deities with the moneys belonging to the deities and in the hands of the Raja as such trustee and shebait yielding a monthly rent of Rs. 400 or thereabout described in the schedule to this deed of 1901 and is desirous of declaring that the said property was so purchased in trust for the deities. It is also stated in the deed of declaration that as the