Judgement

Appeal (No. 57 of 1940) from a decree of the High Court in its appellate jurisdiction (July 11, 1938) which reversed a decree of that court in its ordinary original civil jurisdiction (August 26, 1937).

The question for decision in this appeal was whether, in the case of a Hindu private religious endowment, on the death of the settlors (founders) only son and heir, on whom the deed of dedication conferred the life tenure of the office of sebait with subsequent limitations which were bad, the office of sebait devolved upon the heirs of the settlor or upon those of his son.

The facts appear from the judgment of the Judicial Committee, and the following pedigree shows the relationship of the parties to the settlor

Sital Chandra (d. 1929)

Rajlakshmi (d. 1926).

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Bhabatarini Panchanan (d. Sudhansh

(d. 1939) 1932) Badani (d.

Asmantara (d. 1928)

1939) Nirnjan.

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Ashalata Kanaklata Diptilata |

(Respondent). (Respondent). (Respondent). |

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Hriday Baidya Two

(Appellant) (Appellant) daughters.

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Kirti Bibhuti Mritunjoy Jyotirmoy Hiranmoy Four

(Appellant) (Appellant) (Appellant) (Appellant) (Appellant) daughters.

The trial judge (Khundkar J.) held that t