ISHRI PRASAD MISIR Vs. RAM KRISHAN DAS

JUDGEMENT

(1.) This is an appeal from the decree of the learned Additional Subordinate Judge of Benares reversing that of a Munsif of that district in a suit brought by the plaintiff-respondent for a declaration that an agreement dated 21 May 1925 executed by him in favour of the defendant is ineffectual. In substance the suit was one for the cancellation of the aforesaid document.

(2.) The plaintiff-respondent owned a house No. 12/8 situate in the city of Benares. By a deed dated 7 May 1924 he dedicated it to Sri Ram Chandraji and constituted himself a shebait for life. The deed appointed five persons including one Moti Lal as manager. Subsequently on 21 May 1925 he executed the agreement which is now sought to be cancelled by which he appointed the defendant-appellant as a shebait to bold office after him and to be in possession of the dedicated property generation after generation.

(3.) Two suits were instituted, one by Moti Lal and another by the plaintiff, the present respondent, which has given rise to this appeal impugning the validity of the agreement dated 21 May 1925. Both the suits were disposed of by the same judgment. No appeal has been preferred in the suit of Moti Lal which has been dismissed by both the Courts below. As regards the plaintiff's suit the Court of first instance dismissed it. The lower appellate Court has cancelled the agreement dated 21 May 1925 so far as it related to the appointment of a shebait in succession to the plaintiff after his death. No relief was granted as regards the present position of the defendant-appellant which, according to the lower appellate Court, the defendant held at the pleasure of the plaintiff under whose supervision he is to discharge certain duties in consideration of a right of residence in a part of the dedicated house. The question we are called upon to decide is whether the decree of the lower appellate Court cancelling the agreement dated 21 May 1925 so far as it affects the defendant's right to succeed the plaintiff as shebait thereunder is correct.