Judgement

Appeal (No. 51 of 1935) from a decree of the High Court in its appellate jurisdiction (July 20, 1934) reversing a decree of the High Court in its original jurisdiction (January 10, 1934).

This appeal raised questions as to the validity or otherwise of the provisions relating to the succession of the Shebaitship of certain Hindu idols contained in the will of Luckey Narain Dhur, deceased. The main question was whether the testator had in cl. 11 of his will laid down a line of succession, which is invalid under Hindu law.

The facts, the relevant provisions of the will, and the contentions appear from the judgment of the Judicial Committee.

The suit was tried by Panckridge J., who held that " Cl. 11 cannot be construed as an independent gift to the persons who happen to answer to the description of the eldest male lineal descendant of the original Shebaits at the time of their deaths. In my opinion the clause attempts to lay down a line of succession which is not permissible under the Hindu law and is therefore invalid on the authority of Manohar Mukherji v. Bhupendranath Mukherji (( 1932) I. L. R. 60 C. 452 ; 37 Cal. W. N. 29.)."

An appeal was heard by a Division Bench cons