JUDGMENT

1. This is an appeal by the plaintiff in a suit for the construction of a Will, for the administration of a trust (private debuttar) created thereby, for the removal of the trustee, for the appointment of a new trustee or receiver, for declaration that an execution sale of a portion of the trust estate held on the 14th January 1913, when it was purchased by the son of the trustee was invalid and inoperative, for proper investment of a sum of Rs. 11,500 alleged to form part of the trust estate, and for other incidental reliefs. The Subordinate Judge has found in favour of the plaintiff upon several of the questions in controversy, but he has dismissed the suit on the ground that the allegations of misconduct have not been established and the plaintiff is not entitled to ask for the removal of the trustee. To appreciate the substantial points in dispute, between the parties (whose relation, ship will appear from the annexed genealogical table), it is necessary to consider briefly the history of the trust which, since its foundation, has formed the subject of many proceedings in Court.

2. Jagomohan Mookerjee, the common ancestor of the parties to this suit, made a testamentary disposition of his properties on the 11th September 1840, and died a week later. By this Will, he dedicated certain properties to the sheva or worship of two Thakurs, Sridhar and Gopaleswar Siva, established by him, the annual celebration of the Durga Puja, the Sradh of ancestors, and other pious acts, such as the maintenance of childless widows, the construction of roads for public use and the excavation of tanks. The testator also provided for the order of succession to the office of shebait among his own descendants. The first shebaits were his eldest son, Jaykrishna Mookerjee and Haranath Chatterjee (not a member of the family). Haranath died on the 29th January 1862, and thereafter Jaykrishna continued as sole shebait till his death on the 19th July 1888. Rajkrishna who, according to the Will, was to have followed Jaykrishna had died in 1880. Consequently Jaykrishna was succeeded by his step-brother Nabakrishna who died on the 11th September 1890. On his death, the succession opened to his brother Bijaykrishna. Raja Peary Mohan, the second son of Jaykrishna opposed Bijaykrishna and threw every possible difficulty in the way of his obtaining possession of the debuttar estate and collecting the rents. After the usual preliminary contest in the Revenue and Criminal Courts, on the 10th June 1892, Bijaykrishna instituted a suit in the Court of the Subordinate Judge of Hughli to establish his title to the office of shebait under the Will of the founder, The suit was defended by the Raja, who denied the genuineness of the Will and the existence of the debuttar. On the 29th January 1894 the Subordinate Judge decreed the suit : an