SOUMEN SEN, J. - (1.) This Originating Summons Suit has been filed by the daughters of Late Mohonlal Seal for answering the following questions: - a) Whether the wife and daughters of the Late Mohan Lal Seal entitled to become shebait on the death of the Mohan Lal Seal in respect of the aforesaid debutter estates namely Sri Sri Lakshmi Narayan Jiew, Sri Sri Gopal Jiew and Sri Sri Mahadeb Jiew? b) Whether the wife and the daughters of Late Mohan Lal Seal shall have the exclusive power to manage and administer the properties as mentioned in Lot "A" of the aforesaid Terms of Settlement in exclusion to the properties mentioned in Lot "B" and Lot "C" of the said terms of settlement filed in Suit No.262 of 1965? c) Whether the terms of settlement entered in Suit No.262 of 1965 is binding upon the heirs of Late Mohan Lal Seal? One Monohar Lal Seal executed three Bengali Deeds of Arpannama which are registered documents. By the said deeds, the said Monohar Lal Seal absolutely and irrevocably dedicated the immovable properties mentioned in Shedule 'Ka' of the said family unto his family deities Sri Sri Lakshmi Narayan Jiew and other with a view to make permanent provisions for the daily and occasionally seva, puja and periodical puja archana, festival and other pious practices connected therewith. By the said Deed of Arpannama, the settlor appointed himself as the first shebait.
(2.) The Deed of Arpannamas provides that after his death his three sons, namely, Mohan Lal Seal, Monoj Lal Seal and Mohit Lal Seal and if any other son is born during the lifetime of the settlor then all of them each adult son himself and if any son or sons minor then the guardian or guardians of the minor son or sons shall be appointed as Shebait and they shall jointly look after the administration and preservation of the Debuttar properties and of the performance of Seva, Puja and periodical puja archana of the said deities.
(3.) Monohar Lal Seal acted as the sole shebait during his lifetime. He died on 26th March, 1963. On his death his three sons became shebaits to carry out seba puja and act in accordance with the terms of the said Arpannama. Mohon Lal had five daughters and no son. Manoj Lal Seal had two sons and one daughter and Mohit Lal Seal had one son and two daughters. Since Mohon Lal Seal had no son and in view of Clause 3 of the said Deed of Arpannama, the settlor had directed that the lineal male descendants would only become the shebaits from generation to generation and it is only if there is no lineal male descendant at all and becomes extinct then only by virtue of Clause 4 of the said Deed of Arpannama the office of shebaitship will devolve on the male descendants of the settler's daughter which would completely prohibit the daughters of the Seal family from becoming shebait of the said deities, Mohan Lal Seal filed an Originating Summons Suit No.227 of 1990 raising the following questions for determination: - "A. Whether rule of succession to the office of the shebait are rendered invalid by reason that clause 3 provided for the office to be held by the male heirs of the founder to the exclusion of the others in a succession differing from the line of Hindu Inheritance? B. Was the founder of the Debutter competent to create a line of succession unknown or repugnant to The Hindu Law? C. Are the daughters of the plaintiff entitled to become shebait on the death of the plaintiff - ;