PRADYUMNA KUMAR MULLIK Vs. PRAMATHA NATH MULLIK

JUDGEMENT

(1.) This is an appeal from the judgment of Greaves, J., dated 1 June 1922. The parties to the suit are the present representatives of a well-known family in Calcutta, the founder of which was Moti Lal Mullik. Moti Lal died in 1846 leaving a widow, Rangomani Dasi, and an adopted son, Jadulal, then two years old. During his lifetime he established and consecrated the three deities who are the subject of this litigation, Thakur Sree Sree Radhashamasunder Jee, Thakuratti Sree Sree Radharanee, and a Saligramsila known as Sree Sree Raj Rajeswar. These deities were located in his family dwelling house in Pathuriaghata Street. A room was set aside for them as a private or retiring room and there was also a thakurdalan into which they were brought on ceremonial or festival occasions.

(2.) By his Will dated the 3 September 1846, Moti Lal provided that until Jadulal should attain the age of 20 years, his widow should be the malik or proprietor and attorney for the care of the whole of his estate which was Considerable. On Jadulal attaining the age mentioned, the whole estate was to be made over to him except the mollies or Government securities which the testator bequeathed to his widow or others or had set apart for his own shradh and so forth.

(3.) As regards the deities, no direct gift was made in their favour, but the widow was authorised to spend Rs. 600 a month in defraying the expenses of their worship in the same manner that I have paid and defrayed the same hitherto. On Jadulal taking over the estate, he was in the like manner to protect the whole of the property and effectuate the Kreah karmas or religious acts and ceremonies and so forth." The whole estate, therefore, was given to Jadulal subject to a charge thereon for the maintenance of the worship both of the ancestral deities and of those established by the testator.