SRI THAKURJI MAHARAJ Vs. SUKHDEO SINGH

JUDGEMENT

(1.) In this case Musammat Mahesha Kuar asked for a declaration that certain property specified in a deed of November 6th, 1912, executed by her deceased husband Babu Bhan Singh was duly dedicated to and became the property of an idol installed in her house.

(2.) The learned Subordinate Judge decided that the transaction was invalid as not being (sic) by religious motives. He came to the conclusion that the object of the deed was to keep the property inalienably in the line of Bhan Singh s daughter and daughter s sons, and perhaps also to exclude the operation of an alleged custom of Bhan Singh s caste whereby nephews in default of sons would inherit the property of the donor.

(3.) The decision of the case must turn on the question of the intention of the donor, and as a guide to that intention we must have regard to his acts and declarations and the conduct of his widow after his death.