Judgement

Consolidated Appeals (Nos. 169 and 170 of 1919) from a judgment and decree (January 10, X908) of the High Court in its ordinary civil jurisdiction, the suit having been heard by a special Division Bench of two judges in order to obviate the necessity of an appeal to the appellate jurisdiction of the Court.

One Gobind Chandra Basak, a Hindu governed by the Bengal school of Hindu law, died on February 7, 1810. He had two wives, Kanakmoni Dasi and Bhaggobati Dasi, of whom the latter alone survived him. Bhaggobati Dasi died on May 29, 1841, having on that date executed a will the construction of which was the subject of the present litigation.

The will commenced with the words "To the fortunate Srijut Udoy Chand Basak, chief among the prosperous, I, Srimati Bhaggobati Dasi, endite this hukumnana"; it then proceeded to make the provisions stated in the judgment of the Judicial Committee.

The present suit was brought in 1904 by the first respond ent, a descendant of Gobind Chandra Basak and his wife Kanakmoni Dasi, who predeceased him, against numerous defendants for the construction of the will, and for a declaration that he was entitled to the shebaitship of the idols. The fa