SARAT CHANDRA GHOSE Vs. PRATAP CHANDRA GHOSE

JUDGEMENT

(1.) This was a suit to obtain a declaration that a deed of trust executed by Padmabati Dasee, mother of the plaintiff, affecting certain of her properties was void and inoperative, and that he and her other heirs were entitled to a partition of these properties according to their shares. The plaintiff gave some evidence, but has elected not to go on with it, and rests his claim entirely on the construction of the trust deed. He contends that the trusts created by the sixth clause are void and inoperative. It is, therefore, unnecessary to deal with the evidence recorded.

(2.) The reason for executing the trust deed is given in the following passage, taken from the Court translation: "Now I do, for religions acts (dharmakarmarthe) with a desire for the spiritual benefit of the deceased forefathers, and to please Vishnu, make over, for religious purposes (dharmoddeshe)" etc. The expressions "religious acts" and "religions purposes" do not accurately render the equivalent Bengali expressions which connote more.

(3.) The lady then, directs that from the income of the immoveable property belonging to her, certain. Thakoors are to be worshipped and maintained and that the income derived from her moveable properties is to be applied for the performance of the annual Durgotsab. This is followed by the following directions: Sixth clause.---"Out of the income which shall remain after incurring all the aforesaid expenses a sum not exceeding one thousand rupees shall be applied to supporting the poor, the blind, and the destitute, and in imparting education, in upanayan (assumption of the sacred thread ceremony), in removing marriage difficulties (getting girls married), or in works of public good, that is, shall be paid at the discretion of the trustee towards dispensaries, hospitals, charitable societies, schools, or any students education, feeding the poor etc., marriage upanayan, etc., excavation and consecration of tanks etc. in villages having dearth of water, construction and consecration etc. of ghats and maths,, and the trustee shall, at his discretion, have power to render assistance beyond a thousand. The trustee for the time being shall have full power in the matter of deciding where or for whose education, or upanayan, or for whose daughters marriage the same shall be applied. The poor, the blind, the destitute, the helpless, and students having, no means, or persons having daughters to be married belonging to the lines of my sons and daughters are not outside the class of the poor, the blind, the destitute, the helpless students having no means, and persons having daughters to marry mentioned above.