SM MANORAMA DASI Vs. DHIRENDRA NATH BUSU

JUDGEMENT

(1.) This appeal is by the plaintiffs from a decision of the Subordinate Judge, Second Court, Hooghly, reversing a decision of the Munsif, First Court, Hooghly, and arises out of a suit brought by the appellants for recovery of possession of certain properties upon dectaration of their title thereto as she-baits of a certain deity, and further for a declaration that defendant 1, now respondent, had acquired no right as shebait.

(2.) The properties in question formerly belonged to one Kadambini Dasi, who by an arpannama, or trust deed dated 15 Aghrayan 1316 B. S. (1 December 1909) dedicated the same to her father's family deity Rajrajeswar Thakur, at the same time appointing herself as shebait for the duration of her lifetime. There was a provision in the deed that on her death her father's agnate, Sashi Bhusan Nag, or failing him some other cosharer, who might be living should succeed as shebait.

(3.) Kadambini died in Chaitra 1325 B. S. (1919), and thereupon defendant 1 took possession of the properties in suit claiming to have been appointed shebait by a will executed by Kadambini about two months prior to her death. The plaintiff then instituted this suit contesting the validity of the will; and pleading further that in any case defendant 1 had renderei himself liable to be removed from his office as shebait by failing to comply with the directions contained in the will.