BARANASHI MAZUMDAR Vs. SUDARASAN DAS MAHANTA

JUDGEMENT

(1.) This is an appeal by the representatives of the 3rd defendant in a suit instituted by the plaintiff for establishment of his right as Shebait to five shrines and for recovery of dedicated properties appurtenant thereto. There is also a claim for the recovery of the personal properties of the deceased Mohunt. There were three defendants in the suit. The first is a nominee of the late Mohunt; the other two are the representatives of the founder of one of the shrines, namely, the shrine of Lakhshmi Janardan Jew Thakur. In the Court below, the plaintiff entered into a compromise with the 1st defendant in respect of four of these shrines and a consent decree was made in his favour. There was, however, a contest between the plaintiff and the other defendants in respect of the fifth shrine and a decree has been made in favour of the plaintiff. On the present appeal, the controversy has been limited to the Shebait-ship of the properties of this shrine alone. There are really two points for consideration; namely, first, what is the nature of the endowment created by Gopal Chandra Majumdar on the 20th January 1890; and secondly, what is the precise nature of the office of Shebait in relation to that endowment? The answer to these questions depends upon the construction of the Will of the founder.

(2.) The testator states in the first place that his ancestral deity was Lakshmi Janardan Salgram in his family dwelling house. He dedicates to the worship of the deity Lakshmi Janardan Salgram all his immoveable properties. He then proceeds to appoint a Shebait of the endowment so created. It is stated in the first place that Sarajudas Mohunt Babaji has been performing the acts of worship of the deity and that the testator now appoints him to be the Shebait in future of the said deity. He then proceeds to define the powers of the Shebait. The Shebait is to enjoy and hold possesion of the properties, to manage and protect them, to make collections of profits and to pay them as also to pay revenue to the Collectorate. Upon these terms he is confirmed as Shebait.

(3.) It is clear that the dedication of the properties is to the deity and not to the Shebait. This is the plain meaning of the language used. But it is made clear beyond doubt by a sentence in the second paragraph of the Will, where provision is made for the maintenance of a lady Umasundari Debi; it is stated that the abovenamed Umasundari Debi is to be maintained from the "properties of the said deity," that is, out of the income of the properties dedicated to the deity. Consequently as regards the title to the properties there is no room for controversy. The title is vested in the ancestral family deity of the founder.