Monoranjan Mallick J. - (1.) In this Originating Summons the plaintiffs seek the determination of the following questions: (a) Whether after the death the said Bhuban Mohan Das the Office of the Shebait has reverted to the heirs of the said Srinath Das; (b) If the answer to question (a) are in the affirmative, whether the plaintiffs and the defendants being the surviving peat grandsons of the testator are his only heirs and joint shebaits of the Debutter Estate; (c) If the answers to questions (a) and (b) above are in the affirmative, the plaintiffs submit that in view of the large number of shebaits, a scheme should be framed by the Hon'ble Court and/or directions therefor he given and/or such Orders and/or such other direction be given for proper management and administration of the Debutter State as the Hon'ble Court may seem fit; (d) Perpetual injunction restraining the defendant No. 1 and his servants and agents and each of them from. intermeddling with the Debutter Estate exclusively to the prejudice of the rights of the other parties to their Suit.
(2.) The plaintiffs state as follows: One Srinath Das, an eminent Vakil and Wealthy inhabitant of Calcutta was a Hindu governed by the Dayabhag School of Hindu Law. He died on 13th September 1907 leaving a Will whereby he, inter alia, created a Debutter Estate and dedicated the properties specified in para 1 of the petition. By the said Will the said testator and settlor laid down the following line of succession to the Office of the Shebait: "For the due performance of the seva, puja and far managing Debutter properties, I appoint my youngest son Rajendra Nath Das as shebait; after his death my eldest grandson Jogendra Nath Das alias Uday Kumar Das in the male line, if legally fit and entitled to do the work; after him my youngest grandson in the male line Jatindra Nath Das alias Arun Kumar Das if legally fit and entitled to do the work and so on my grandsons in the male line by my two sons Surendra Nash Das and Rajendra Nath Das according to seniority in age shall be successive shebaits. In default of my grandsons in the male line my great grandsons in the male line shall be shebait in the manner stated above and so on forever one grade after another. If at any time the shebait dies without leaving a successor as stated above, the eldest male descendant then living in the male line of my two sons Surendra Nath Das and Rajendra Nath Das shall become the next shebait and the above provision regarding the selection of the shebait shall continue to apply. In the absence of a proper person answering any of the above description the shebaitship sha3 descend to any body who will appear at the time of the death of the last shebait to be the successor-in-interest to my estate either immediately or immediately by way of inheritance."
(3.) After the death of Srinath Das, Rajendra Nath Das acted as shebait until his death on the 29th day of January 1913. After his death Jogendra Nath Das became the shebait and he continued to hold office until the 21st day of May 1972 when he died. After the death of Jogendra Nath Das, Bhuban Mohan Das became the shebait and he continued to hold the once until 18th May 1986 when he died.;