RAIKISHORI DASSI Vs. OFFICIAL TRUSTEE OF WEST BENGAL

JUDGEMENT

(1.) THIS is a suit for a declaration that the plaintiff has become a shebait of certain deities in the place of the deceased, Tarag Dassi and Kristo Moti Dassi, for construction of the Will of Pulin Behari Dutt dated March 5, 1934 for the purpose of ascertaining succession to the shebait -ship of the deities mentioned in the plaint, for a declaration that the purported consent decree dated August 7, 1936 in Suit No. 1695 of 1935 and the purported order dated August 23, 1941 in Suit No. 14 of 1941 are not binding on the plaintiff, for an injunction restraining the defendant Gora Chand Dutt from preventing the plaintiff from acting as a shebait and for other reliefs.

(2.) THE defendants in this suit are (1) the Official Trustee of West Bengal, (2) Gora Chand Dutt, a nephew of the Testator, Pulin Behari Dutt, (3) Premchand Sen, (4) Dunialal Dhur (5) Kedar -nath Dhur, (6) Gopal Chand Dhur and (7) Kalidas ' Dhur, being daughters sons of the said testator and lastly (8) Sree Sree Lakshmi Mata Jew, a Hindu Idol located at 43, Bancharam Akrur Lane, Calcutta. The plaintiff is the only surviving daughter of the testator. A genealogical table showing the relationship of the parties is given below :

(3.) THE material portions of the relevant provisions of the Will are as follows : Clause 3 - - 'I have established the deity or Thakur Sree Lakshmi Mata Jew at present located at 33/2D Sankaritolla East Lane to be removed to my own house at premises No. 18, Thakurdas Palit Lane as hereinafter provided.' Clause 4 - - 'I give devise bequeath and dedicate unto the said deity ............ all that the messuages lands hereditaments and premises No. 18, Thakurdas Palit Lane ................ for ever and absolutely and I hereby appoint my eldest daughter Sreemutty Tarak Dassee, my youngest daughter Sreemutty Kristomati Dassee and my nephew Gora Chand Dutt ............ jointly to be the shebaits of the said deity or Thakur Sree Sree Lakshmi Mata Jew for their respective life or lives and after their death the lineal male descendant or descendants of the said shebaits shall be the shebaits of the said deity or Thakur ..........'. Clause 5 - - 'I hereby direct my executors and trustees to keep the said premises No. 18, Thakurdas Palit Lane in Calcutta in good repair and habitable condition and to pay the Municipal Taxes, Government Revenue and other outgoings in respect of the said premises out of the income of my estate.' Clause 6 - - 'I hereby further direct my executors and trustees to collect the rents issues and profits of my estate including the said premises No. 18, Thakurdas Palit Lane and to pay thereout' the repairs, municipal taxes, Government revenue and other outgoings and also to pay the expenses of the daily and periodical Sheba or worship of the said deity .............. to the said shebaits in the manner mentioned in Schedule 'A' hereunder written and the surplus to be invested in Government Promissory Notes or Municipal Debentures which shall merge in Debutter Estate.'