ATUL CHANDRA CHATTOPADHYAY Vs. PRATUL CHANDRA CHATTOPADHYAY

JUDGEMENT

(1.) THE court's opinion has been sought on ten questions raised in the originating summons, but it is only the third and sixth questions on which the plaintiffs have focussed.

(2.) KIRRUN Chandra Bandopadhya, created a Trust by a document of April 3, 1928, settling an immovable property and a princely sum of Rs. 7,000/- out of the government promissory notes that he owned in favour of his ancestral deities. The first shebait under the Trust was to be the settlor; the second, if surviving, was to be his widow; the third, was to be his daughter; and, fourth was to be settlor's grandson through his daughter. The immovable property settled was premises No. 118 and 119d Grey Street with the shebait being required to perform the sheba or worship of the deities, manage the immovable property and compulsorily reside at a portion of the property. In course of time, such compulsory residence has become a substantial benefit and it is primarily the issue relating to the right of residence that the plaintiffs urge in these proceedings.

(3.) THE plaintiffs suggest that no transfer could be effected under the deed of trust in view of Sections 13 and 14 of the Transfer of Property Act and Section 23 of the Contract Act. The plaintiffs have raised queries claiming to be beneficiaries of the Trust and seeking, in effect, an order of administration of the trust. Alternatively, the plaintiffs seek the determination of a question of construction arising under a Will as a person claiming to be interested. The plaintiffs have invoked Chapter XIII of the Rules on the Original Side of this court and say that they are entitled to seek the view of this court under Rules 1, 2 and 9 thereof.