FULMANI DASI Vs. PRIYA NATH SEN

JUDGEMENT

(1.) In my opinion, this appeal must succeed. The suit is by a son against his mother and certain brothers and it appears that the father by his Will made certain properties subject to trust for the benefit of a family Thakur. The Will recites that there is an idol Shiva installed at Benares and that the testator desires certain pujas to be continued to be performed for ever without interruption and, to that reason he creates a trust of the property in Schedule (ka) for the performance of all those pujas, and appoints his wife as the sole trustee for the term of her life for the purpose of carrying out the said debsheba and for performing the puja. It is provided that the wife will take possession of the property and, on receiving the profits, will perform the puja and. carry out the sheba as mentioned in the schedule as trustee for the term of her life. It is further provided that, on her death, the sons and their descendants are to become trustees and to have certain palas or turns of worship. There is a provision that if there is any saving or a balance of money left, Government promissory notes shall be purchased and so forth. The shedule contains a series of sums of money specified for particular purposes; as for the Autumnal Durga Puja Rs. 500; for the Annapurna Puja, Rs. 400; for the worship of Shiva installed by self Rs. 480; and so forth. These being the terms of the Will it appears that a certain amount of money was saved out of the income of the dedicated properties and we come to a time when one of the sons brings a suit against the mother and that suit is compromised by a solenama. The suit was a suit of 1913 and it was compromised on 17 February 1915. First of all, the parties gave up their respective claims against each other for partition and accounts and: none of the parties, shall be competent to claim any account against another party or the other parties for the period up to the present date. As defendant 1 is the mother of all the other parties, she shall remain the sole shebait or trustee of the debuttar property as long as she will remain alive under the provisions of the Will of the late Gangadhar Sen.

(2.) The first of the terms recites that by the Will certain properties were made debuttar. It then recites that the mother, the shebait and trustee of the debuttar property, purchased the three properties in Schedule (ga) as such trustee and it says that: all the eight properties or any other property which may be afterwards purchased for the purpose of the debuttar estate shall be treated as absolute debuttar property under the terms of the Will of the late Gangadhar Sen.

(3.) The solenama goes on to say that: as the amount of costs fixed for carrying on the works of the debseba by the Will was insufficient, we all parties unanimously fix the amount of the said costs at the total sum of Rs. 3,120 as mentioned in Schedule (gha) below.