NAGENDRA NATH PALIT Vs. ROBINDRA NARAIN DEB

JUDGEMENT

(1.) This case raises an issue of deep and general interest to the Hindu Community, viz., whether a shebait is entitled to transfer the rights and duties which appertain to his office.

(2.) On the 19 April 1867 Raja Sir Radha Kanto Deb died. He was an erudite Sanskrit scholar, and a personage of culture and distinction. He left surviving him three sons and numerous other relations of whom the following is a pedigree:

(3.) On the 3 August 1863 the Raja made his last Will which has been admitted to Probate, although the terms thereof have formed the subject of much litigation. Under this Will a large estate passed to the executors and trustees subject to certain trusts, but for the purpose of my judgment in this suit, I need refer only to those set out in the 12th, 15th, 16 clauses of the Will. Under the 12 clause it is provided: The executors and trustees shall pay to my sons or their heirs and representatives such sums for the sheba or service of my family idols and the usual pujas that are celebrated in my house and the periodical sradhas of my ancestors, of my late wife and of myself when dead as to the executors and trustees may seem fit and proper, but the executor, and trustees are not to be personally responsible for the proper performance of this trust, which is to devolve and be a burden and duty upon the recipient and recipients of the said sums. <JGN>Page</JGN> 2 of 16