LAL BEHARY DHUR Vs. ADMINISTRATOR-GENERAL

JUDGEMENT

(1.) This is an appeal from a decision of Panckridge, J., upon an originating summons concerning the validity of certain dispositions in the will of Luckey Narain Dhur dated 18th November 1923. The testator died on 26 March 1927, leaving three sons, Ram Chunder, Kartick and Ganesh. Kara died on 17 October 1928, and Kartick on 2 May, 1927.

(2.) Ram left four sons, Lal Behary, Bon Behary, Rash Behary and Banku Behary, and Kartick left one son Netye. All these are alive, and Ganesh has one son, Madan. On 25 April 1929 letters of administration de bonis non Were granted to the Administrator-General, Bengal, who wishes to know who are the persons now entitled to act as Shebaits of a religious endowment created by Clauses 9 and 10 of the will. Clause 11 provides as follows: I appoint my sons Kartick Chunder Dhur and Ram Chunder Dhur to be the Shebaits of the Thacoors and I direct that upon the death, retirement or refusal to act of any of them or any of the future Shebaits the then next eldest male lineal descendant of Kartick Chunder Dhur or Ram Chunder Dhur shall act as a Shebait in place of the deceased or retiring Shebait or Shebait refusing to act as such-it being my intention that the eldest for the time being in the male line of my said sons Kartick Chunder Dhur and Ram Chunder Dhur shall always remain as joint Shebaits,, and in the event of the death or refusal to act of any Shebait, the than next male member of the branch to which the Shebait dying or refusing belonged shall act as a Shebait in his place and stead.

(3.) The intentions of the testator are reasonably clear. He wished to provide that Kartiek and Ram should be the first Shebaits, and that upon the death, retirement or refusal to act of either of them, or of any of the future Shebaits, the then next eldest male lineal descendants of Kartick and of Ram should be the joint Shebaits representing Kartick's and Ram's branches of the family respectively-and that there should be only two Shebaits at any time.