The main legal point established in the judgment is the authority of the shebait to impose restrictions on the location of the deities, and the validity of such conditions for the benefit of the deities.

JUDGMENT

Thomas Richardson, J. - This is an appeal from the judgment of Greaves, J., dated 1st June 1922. The parties to the suit are the present representatives of a well-known family in Calcutta, the founder of which was Moti Lal Mullik. Moti Lal died in 1846 leaving a widow, Rangomani Dasi, and an adopted son, Jadulal, then two years old. During his lifetime he established and consecrated the three deities who are the subject of this litigation, Thakur Sree Sree Radhashamasunder Jee, Thakuratti Sree Sree Radharanee, and a Saligramsila known as Sree Sree Raj Rajeswar. These deities were located in his family dwelling house in Pathuriaghata Street. A room was set aside for them as a private or retiring room and there was also a thakurdalan into which they were brought on ceremonial or festival occasions.

2. By his Will dated the 3rd September 1846, Moti Lal provided that until Jadulal should attain the age of 20 years, his widow should be the malik or proprietor and attorney for the care of the whole of his estate which was Considerable. On Jadulal attaining the age mentioned, the whole estate was to be made over to him except the mollies or Government securities which the testator bequeathed to his widow or others or had set apart for his own shradh and so forth.

3. As regards the deities, no direct gift was made in their favour, but the widow was authorised to spend Rs. 600 a month in defraying the expenses of their worship in the same manner that I have paid and defrayed the same hitherto. On Jadulal taking over the estate, he was in the like manner to protect the whole of the property and effectuate the Kreah karmas or religious acts and ceremonies and so forth." The whole estate, therefore, was given to Jadulal subject to a charge thereon for the maintenance of the worship both of the ancestral deities and of those established by the testator.

4. The two relevant portions of the Will ran according to an old translation as follows:

(1) As long as my adopted son Srijut Jadulal Mullik does not attain the age of 20 years (twenty) so long I do hereby appoint you the malik or proprietor and attorney for the protection and care of the whole of my estate. The whole of my property, fixed and moveable, i.e., my land homesteads and gardens and my nij dwelling homestead and my ready money and my Company's papers and my pearls, diamonds, corals, etc., and my furrow gold and silver olonkar or personal ornaments, my plates and brass and kansa or bellmetal vessels and my dresses and apparels and my shawls, doshallahs, etc., and my Sri Sri Issur Thakurs and Thakuranis, etc., established by me and a ancestral, of the whole of my property agreeably to the list in my handwriting under my signature, you remain the malik of protecting for taking care of whatever property and effects I leave behind. Upon my said possio poottro or adopted son attaining the age above mentioned you will make over the whole of the said property to him in full and the said poasio poottro or adopted son is become our, i.e., both your and mine, uttaradheekary or heir of the whole of the property, and will become so

(2) The Company's papers belonging to my estate that shall stand in the Government Agency to the credit of the name of my possio poottro or adopted son Srijut Jadulal Mullik, you will draw Company's Rs. 600 monthly from the interest there 0 or having sent for and obtained Company's Rs. 36,000 (thirty-six thousand rupees) at the interval for every six months, you will defray the expenses of the daily shekel or service and the porbas or festivals and the teher or ceremonies of the Sri Sri Issur Thakurs, Thakuranis etc., established by me and ancestral according to my pala or turn, as also the nithoo or daily and the noimithoo or periodical expenses and so forth, in the, manner that I have paid and defrayed the same hitherto, as long as my said possio poottro or adopted son does not attain his age above mentioned. Upon the said possio poottro or adopted son's havin