The main legal point established in the judgment is the concept of absolute debutter and the unfettered rights of the sole shebait as specified in the arpannama.

JUDGMENT

Chatterjea, J. - This appeal arises out of a suit for partition, accounts and for various other reliefs. The plaintiff-respondent is the daughter's son of one Lokenath Mandal. Lokenath had two brothers, Tarak Nath and Hiralal. Lokenash left his widow Monmohini, his daughter Ramani, the Defendant No. 5, and his daughter's son Dulal Chandra, the plaintiff. Tarak Nath's widow Uma Sundari was the Defendant No. 3 since deceased. Hiralal left two sons Chandi, the Defendant No. 1, and Kedar Nath, the Defendant No. 2, and a daughter Bhabini, the Defendant No. 4.

2. Lokenath established a deity Sree Sree Radha Krishna Jiu in his dwelling-house in May 1902. On the 20th July 1902 he executed an arpannama (deed of endowment). On the 26th July 1903 he executed a Will. On the 31st July of the same year he executed an ekrar. A codicil was executed on the 11th November 1904.

3. On the 4th December 1907 Monmohini obtained probate of the Will of Lokenath, In 1912, the Defendants' Nos. 1 and 2 brought an administration suit against Monmohini and others. That suit was, decreed in a modified form on the 5th September 1913 by the trial Court. There was an appeal by the Defendants Nos; 1 and 2 to the High Court in R.A. No. 19 of 1914. There was a compromise between the parties, and a decree was passed by consent on the 25th July 1916. Subsequently Monmohini brought an account suit (No. 9 of 1919) against Dulal, the plaintiff. She died on the 10th November 1919 and the suit was continued by the Defendants Nos. 1 and 2 which, however, was dismissed on the 17th January 1921. The present suit was instituted on the 5th August 1921 by Dulal as stated above.

4. The arpannama, dated the 20th July 1902, was executed by Lokenath in favour of Sree Sree Iswar Radha Krishna Jiu and runs as follows:

I, Lokehath Das Mandal, do execute this arpannama or deed of endowment to the following effect:--I have installed the idol Sree Sree Iswar Radha Krishna Jiu in my dwelling-house at No. 43, Beniapukur Lane on 8th Jaistha 1309 last after the performance of sacrifices, etc., and the said dwelling house has coma to be called a 'thakurbati.' I am now duly performing the sheba (service) and puja (worship), etc., of the said Sree Sree Radha Krishna Jiu. But in order that the sheba and puja, etc., of the said idol may be duly carried on after my death, I, with that intention, make over, or endow once for all, the properties mentioned in the schedule to the said Sree Sree Radha Krishna Jiu, and become divested of all rights thereto.

The said Sree Sree Radha Krishna Jiu thus becomes the absolute owner of the properties mentioned in the schedule from this day. The sheba and puja, etc., of Sree Sree Radha Krishna Jiu shall be carried on and the management of the said debutter properties made and the expenses in connexion therewith on the score of revenue and taxes, etc., defrayed out of the income of the said properties. As it is necessary to appoint shebaits or trustees for duly performing the duties mentioned above, I appoint shebaits under the following conditions and rules.

The shebaits shall carry on the sheba and puja according to the rules set forth below. I shall perform the sheba and puja, etc., as the sole shebait of Sree Sree Iswar Radha Krishna Jiu so long as I shall be alive; on my death, my wife Monmohini Dassi shall be shebait of the said Sree Sree Ishwar Radha Krishna Jiu and, on her death, my daughter Ramani Dassi and on the death of the latter, my nephew Kedar Nath Das Mandal and my daughter's son Dulal Chand Paik shall jointly act as shebaits; and on the death of both of them, their heirs shall become the shebaits in succession.

The Shebaits shall defray the expenses of debsheba, etc., management of the properties and repairs, etc., out of the income of the properties hereby dedicated as per details given below, and shall credit the half of the surplus income, after deducting the expenses thus incurred, to the tehbil of Sree Sree Iswar Radha Krishna Jiu and sh