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1976 Supreme(Cal) 127

SABYASACHI MUKHARJEE
HIRANBALA DEVI – Appellant
Versus
BISHNUPADA BHATTACHARYA – Respondent


Advocates Appeared:
A.N.ROY, H.MITRA, P.K.Sen, P.NATH

SABYASACHI MUKHARJI, J.

( 1 ) IT appears that one Sriram Mukherjee by a deed executed on 10th January, 1917, created a debutter in respect of his moveables and the premises being No. 15, Amherst Row, Calcutta and dedicated the said properties to the Idol Sri Sri Sitala Thakurani. By the said deed the settlor appointed himself as the only shebait. He thereupon stated, inter alia, as follows:"i appoint my wife Srimati Kusum Kumari Devi and her brother Sreman Ashutosh Bhattacharyya who is my most affectionate and Sriman Nanilal Bhattacharyya son of Srimati Basanta Kumari Devi, the sister of my said wife, the Joint Shebaits after my death. After my death my said wife Srimati Kusum Kumari Devi and Sriman Ashutosh Bhattacharyya and Sriman Nanilal Bhattacharyya, being the shebaits of the said deity shall jointly and holding the same opinion, perform the Seba Puja and Bhog etc. , of the said deity out of the income of the said debuttor property. My said wife, during her lifetime shall be one of the Shebaits and after her death the said Sriman Ashutosh Bhattacharyya and Sriman Nanilal Bhattacharyya only shall remain Shebaits and after their death, their male heirs according to seniority, s




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