TMI Blog1925 (4) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... ities was cited. 4. Before entering upon the legal questions which were debated, their lordships think it not inadvisable to state the family history, in so far as it concerns the installation of this idol. It was established and consecrated many years ago by a wealthy Hindu inhabitant of Calcutta, Babu Mutty Lal Mullick, in his family dwelling house, in a Thakur Ghar, or room therein, set apart for worship. 5. Mutty Lal Mullick died in 1846 leaving a widow, Ranganmoui, and an adopted son, Jadulal, then two years of age. He left a will dated August 17, 1846, (shortly before his death). He had for some time prior to his death set up and established and consecrated the idol, and no doubt is thrown upon the fact that the idol so installed became unquestionably the object of worship by himself and the family. The will provided that his widow should be the malik or proprietor and attorney, for the protection and care of the whole of his estate until his adopted son Jadulal attained the age of twenty, and the enumeration included the Sri Iswar Thakurs, Thakuranis, etc., established by him and ancestorial. 6. Upon the adopted son attaining twenty, the property was to be made over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ike practices. It is sufficient to state that the deity is, in short, conceived as a living being and is treated in the same way as the master of the house would be treated by his humble servant. The daily routine of life is gone through with minute accuracy; the vivified image is regaled with the necessaries and luxuries of life indue succession, oven to the changing of clothes, the offering of cooked and uncooked food, and the retirement to rest. 10. The person founding a deity and becoming responsible for these duties is de facto and in Common parlance called Shebait. This responsibility is, of course, maintained by a pious Hindu, either by the personal performance of the religious rites or-as in the case of Sudras, to which caste the parties belonged-by the employment of a Brahmin priest to do so on his behalf. Or the founder, any time before his death or his successor likewise, may confer the office of Shebait on another. 11. Under the will of Mutty Lal Mullick he did not adopt the latter course, but he acted as Shebait with the Brahmin assistance referred to. After his death his widow officiated similarly as the ministrant of the worship, and she used, as directed, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eriod was that in the year 1891 Ranganmoni, the widow of Mutty Lal Mullick, died. She made a very large endowment in favour of the family idol, amounting to about one lac of rupees, By her will she appointed Jadulal her executor and trustee and she made a disposition of her property in these terms:- I give and devise my tenanted land, No. 129 Bowbazar Street in Calcutta, to my said trustee, his heirs and representatives to be held by him and them upon trust, to apply the rents and income thereof, after providing for the payment of taxes and other outgoings, in the performance of the daily and periodical worship of the idol, consecrated by my late husband, called RadhaShamsunder, such worship to be performed by my said son and his descendants. 15. Jadulal died in 1894, leaving issue three sons and four daughters. The estates were large, and a suit for partition among the three sons ensued. Questions of importance were raised as to :- (1) The provisions of Jadulal's will; and (2) The endowment by Banganraoni. 16. On the former head the disputes and differences were submitted to the arbitration of the late Mr. W. C. Bonnerjee, who delivered an award in 1899. That award ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turn commencing from the 1st day of Baisakh in the Bengali year 1317, and such first turn shall devolve on the said Pradyumna Kumar Mullick and his heirs, the second turn commencing from first day of the month of Baisakh 1318 shall devolve on the said Pramatha Nath Mullick and his heirs, and the third turn commencing from the first day of the month of Baisakh 1319 shall devolve on the said Manmatha Nath Mullick and his heirs, and so on by rotation, On the demise of any one of the parties, his heirs will become entitled to his burn of worship, and the party having the turn of worship will perform such worship without any interference by any of the other parties. 20. The family very sensibly acted in accordance with the rules set down in these proceedings. The practical result was that the parties, now judicially separated, continued the worship of the idols The idol was, of course, not removed by the parties during their period of worship or pala because in the building as constructed the idols wore located as mentioned in a building adjoining their respective houses. 21. In the year 1910-11 the second son's establishment was set up. The idol was removed to his house in co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... things, difficulties in adjusting the legal status of the idol to the circumstances and requirements of its protection and location and there may no doubt also be a variety of other contracts of such a persona with mundane ideas But an argument which would reduce a family idol to the position of a mere moveable chattel is one to which the Board can give no support. They think that such an argument is neither in accord with a true conception of the authorities, nor with principle The Board does not find itself at variance with the views upon this subject taken in the appellate Court or with the analysis of the authorities there contained, 27. The appellate Court, it is true, felt itself constrained by the terms of the deed of 1888 to arrive at a conclusion adverse to the case of the appellant; but upon the main points in argument, both as to the contention that the household god was mere property, and as to Jadulal's right being absolute therein, this appeal was argued before the Board by the counsel for the respondents here on the footing that if the appellate Court's decree depended on the reasons given, it could not be defended. The Board is, on the contrary, of the op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (p. 144):- According to Hindu law, when the worship of a Thakoor has been founded, the shebaitship is held to be vested in the heirs of the founder, in default of evidence that he hag disposed of it otherwise, or there has boon some usage, course of dealing, or some circumstances to show a different mode of devolution. 31. A similar principle appears also to have been implied in the judgments of Jayannath Prasad Gupta v. Runjit Singh (1897) I.L.R. 25 Cal. 354 Shevratan Kunwari v. Ham Pargash (1890) I.L.R. 18 All. 227; and Mussamat Jai Bansi Kunwar v. Chattar Dhari Singh (1870) 5 Beng. L.R. 181. 32. To apply this law to the present case, Jadulal was the sole heir of his father and, by the general law of India, he thus stood vested with the right of custody of, and management of the trust for the family idol which his father had consecrated and set up. So far as the legal status and rights of Jadulal as grantor of the deed of 1888, the deed proceeds to narrate :- Whereas the said Jadulal Mullick is now desirous of dedicating the said premises to the said Thakur in the manner hereinafter expressed. 33. This is perfectly correct language in acknowledgment of the fact tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was a dedication of real estate in trust for the idol, recognised as a legal entity, to which such dedication might be made. 35. The true view of this is that the will of the idol in regard to location must be respected. If, in the course of a proper and unassailable administration of the worship of the idol by the Shebait, it be thought that a family idol should change its location the will of the idol itself, expressed through his guardian, must be given effect to. This is in accordance with what would appear to be the sound principle of the position and it is further in accord with the authority on the subject. In the case already referred to so far did the decision go that it was expressly said by Lord Hobhouse in Gossamee .Sree Greedharreejee v. Rumanlolljee Gossamee, The Thakur Dowjee, or those who speak for him on earth, need not take advantage of this gift. 36. A fortiori it is open to an idol acting through his guardian the Shebait to conduct its worship in its own way at its own place always on the assumption that the acts of the Shebait expressing its will are not inconsistent with the reverent and proper conduct of its worship by those members of the family who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. 41. While, however, this is the only objection actually made by the objecting defendant, it has to be pointed out that the idol is not otherwise represented in the proceedings, though the result might conceivably vitally affect its interests. In that sense the contest has related to the establishment of individual rights as between contesting Shebaits. The interests of the female members of the family, especially in view of the fact that they are excluded from the managership of the idols, might need special protection. They are entitled to participate in the worship established by Mutty Lal Mullick without obstruction or inconvenience, 42. Their lordships are accordingly of opinion that it would be in the interests of all concerned that the idol should appear by a disinterested next friend appointed by the Court. The female members of the family should also be joined, and a scheme should be framed, for the regulation of the worship of the idols. 43. Their lordships will therefore humbly advise His Majesty that the case should be remitted to the High Court to be dealt with in accordance with this report. It will be necessary in these circumstances to set aside the dec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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