LAWS(CAL)-1988-9-25

SIDDHESWAR DAS Vs. DHIRENDRA NATH DAS

Decided On September 22, 1988
SIDDHESWAR DAS Appellant
V/S
DHIRENDRA NATH DAS Respondents

JUDGEMENT

(1.) In this Originating Summons the plaintiffs seek the determination of the following questions:

(2.) The plaintiffs state as follows: One Srinath Das, an eminent Vakil and Wealthy inhabitant of Calcutta was a Hindu governed by the Dayabhag School of Hindu Law. He died on 13th September 1907 leaving a Will whereby he, inter alia, created a Debutter Estate and dedicated the properties specified in para 1 of the petition. By the said Will the said testator and settlor laid down the following line of succession to the Office of the Shebait:

(3.) After the death of Srinath Das, Rajendra Nath Das acted as shebait until his death on the 29th day of January 1913. After his death Jogendra Nath Das became the shebait and he continued to hold office until the 21st day of May 1972 when he died. After the death of Jogendra Nath Das, Bhuban Mohan Das became the shebait and he continued to hold the once until 18th May 1986 when he died.