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1974 Supreme(Cal) 41

DEB
BHOLANATH SHAW – Appellant
Versus
BADRINATH SHAW – Respondent


DEB, J.

( 1 ) THIS suit was instituted with Leave under Clause 12 of the Letters Patent for administration of the trust estate comprised mainly of immovable properties all situate outside the territorial jurisdiction of the Original Side of this Court and for other reliefs including the removal of the defendant No. 1 from the office of the sole trustee and shebait and for appointment of the plaintiff in her place.

( 2 ) THE case pleaded in the unamended plaint is shortly this: One Ram Bharas Shaw was the sole shebait of the defendant deity. He was also the owner of the properties in suit. By a Deed of Trust dated August 2, 1946, he transferred the suit properties to himself as the sole trustee for the objects stated therein. The said Deed, inter alia, provides that on his demise his wife Sm. Dhaneswari Debi shall be the sole trustee for life and on her death his four sons shall be the joint trustees of the trust estate. It also provides that on his death Dhaneswari shall be the sole shebait of the deity and after her death his sons shall be the shebaits of the deify. By a Deed dated June 10, 1949 he transferred two immovable properties of the trust estate absolutely to the deity.















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