TRINAYANI DASI Vs. KRISHNA LAL DE

JUDGEMENT

(1.) In these appeals, the appellant seeks to have set aside an order passed by the Special Land Acquisition Judge of the 24-Parganas under the provisions of Section 32 of the Land Acquisition Act.

(2.) The property in respect of which compensation was awarded by the Collector was a portion of property which had been devoted to an idol. Out of this debutter property two houses have been acquired by Government for public purposes. In the case out of which appeal No. 135 of 1910 arises, the house and the land attached are No. 40, Champatola 1st Lane; and in the case out of which appeal No. 136 of 1910 arises, the land and the building are No. 105, College Street--both in the town of Calcutta. No objection appears to have been taken to the amount of compensation awarded by the Collector; but the two sums deposited in respect of these two houses were claimed by Srimati Trinayani Dasi, the present appellant, on the ground that she was entitled to these sums as executrix to the will of her late husband Nanda Lal Dey.

(3.) Nanda Lal Dey died leaving him surviving his widow Trinayani Dasi and a son Lal Gropal Dey. Lal Gropai Dey died in 1903, and in 1909 Trinayani Dasi applied for probate of a will which she propounded as the last will of her husband, Nanda Lal Dey. Probate was granted to her, it being held that, under the terms of the will, she was appointed executrix by implication. Under the will the testator made a debutter of all his immovable properties for the sheba of Iswar Sridharjiu Thakur, with the exception of a masonry building at No. 58, Nimu Khansama s Lane. He directed that his wife, Sreemati Trinayani Dasi, and his son, Lal Gopal Dey, should be the shebaits of this debutter property. He also directed that, out of the income of the debutter property, the shebaits would be entitled to a monthly allowance for their maintenance, and that the rest of the property was to be devoted to the worship of Iswar Sridhar Thakur.