- (1.) This summon was taken out originally by one Debabrata Bose, since deceased being the son of the settlor of the subject trust posing a number of questions for opinion of this Court, the questions are as follows :- (a) Was the Settlor entitled to confine the right of Shebaitship only to his lineal male decendants? (b) Whether all heirs (male or female) of sisters of the plaintiffs No. 2 are entitled to become beneficiaries of the Estate ? (c) Whether the female heirs of the deceased brothers of the Plaintiff No, 2 can claim to be beneficiaries of the Estate ? (d) Whether female heirs of the Settlor can be excluded from Shebaitship by virtue of Clause 2 iii (b) of the said Deed ? If not, what is the effect of Clause 2 iii (b) of the Deed Trust? (e) Whether Clauses 11 of the said Deed is valid, binding and enforceable on the heirs of the Settlor and if so to what extent? (f) At present, who, amongst the plaintiff No. 2 and the defendants are eligible to represent in the process of election of the Board of Trustees? (g) Whether the female heirs of the Settlor or any of them are/ is entitled to be Trustees/Trustee of the said Estate? (h) Whether in the absence of a provision to that effect in the said Deed, the Trustees or the Shebaits are entitled to perform Seba Puja of the Plaintiff No. 1 by way of Pala system of worship? If, so, whether a scheme should be framed to that effect?
(2.) On death of the original plaintiff No. 2 on 7th April, 2001 Mrs. Roma Bose, Mrs. Ratna Guha and Mrs. Devipriya Guha Biswas were substituted in place and instead of original plaintiff No. 2. The defendants are quite large in number but only the defendant Nos. 3 & 4 have come forward to oppose this summons.
(3.) The said Motilal Bose, since deceased, the father of the original plaintiff No. 2 is a pious Hindu gentleman by and under an indenture of trust dated 21 st July, 1949 created a trust of his property consisting of four cottahs three chittaks and thirteen square feet wide brick built pucca building commonly known as 'pala house'. By this trust the settler granted transferred and conveyed the trust property unto himself as the first trustee and two other trustees named therein. The object of the trust and the beneficiaries thereof are mentioned in the trust deed specifically. One of the beneficiaries is the plaintiff No. 1 deity. Several directions have been given upon the trustees to perform their duty. For the purpose of proper and effective seba puja of the plaintiff/deity the office of the shebait has also been created. In this summons the parties are concerned with the right, title and interest in this Shebaitship. So it is appropriate to set out the relevant provision for creating office of shebait and the mode of succession of the same.;