PANDE HAR NARAYAN Vs. SURJA KUNWARI

JUDGEMENT

(1.) THIS is an appeal against a decree of the High Court of Judicature for the North-Western Provinces at Allahabad dated January 4, 1917, which reversed a decree of the Additional District Judge of Gorakhpur dated February 11, 1915.

(2.) AS their Lordships have come to be of opinion that the judgment of the High Court is correct, they also agree that it is unnecessary to deal with another question opened on this appeal--namely, whether the plaintiffs have a title to sue as interested persons within the meaning of Section 14 of the Religious Endowments Act, 1863.

(3.) THE will is dated October 29, 1903. The point in issue is not unfamiliar. It is whether the property conveyed by the will was an absolute gift to a certain idol--namely, Sri Thakurji--or whether the property is truly destined to the testator's own heirs under the will, subject to a charge of maintaining Sri Thakurji and meeting all the suitable expenses of the Thakurdwara, the cost of its repairs and the pay of the servants connected with it, as these are set out in the will itself.