JADU GOPAL CHAKRAVARTY (DEAD) AFTER HIM HIS LEGAL REPRESENTATIVES versus PANNALAL BHOWMICK AND ORS.

Citation: [1978] 3 S.C.R. 855 · Decided: 02-05-1978 · Supreme Court of India · Bench: R.S. SARKARIA · Disposal: Dismissed

Judgment (excerpt)

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JADU GOPAL CHAKRAVARTY (DEAD) 
AFTER HIM HIS LEGAL REPRESENTATIVES 
v. 
PANNALAL BHOWMICK AND ORS. 
May 2, 1978 
[R. S. SARKARIA AND N. L. UNTWALIA, JJ.J 
855-
Construction of deed of settlen1ent where property dedicated is very large 
and the religious ceren1onies cannot exhaust the entire income-Though the 
prop.erty 1nay on the face of it to be an out and out dedication of the eiztire 
property, but if the actual scrutiny reveals intention of the settlor to reserve 
sorne for 1!te benefit for his family relations, the debuttar is partial-Powers of 
lligh Court to scrutinise under section 103 of the Clvil Procedure Code. 
One Indra Narayan Biswas executed a deed called "Declaration of Trust 
Deed" on April 9, 1904 dedicating 26 items of his immovable property, mostly 
houses and buildings situated in Calcutta and other places, to the family deity 
Sree Sree lswar Lakshmi Janardan. 
As per term 8, after his death Sarvashree 
Abinash Chandra Bhowmick and Jogendra Nath Biswas were to be the joint 
Sheba.its and trustees with equal rights. 
On the same day, i.e. 9-4-1904 Indra 
Narayan Biswas executed a will, bequeathing his movable and immovable pro-
perties to his relations, In, this will, he further provided that in case the deed 
of Declaration of Trust fails, Abinash Chandra Bhowmick, his sister's son, 
wonl<l gel the properties included in the said deed. 
Indra Naravan Biswas died on 7-8-1905. Jogendra Nath Biswas predeceased 
J1im. 
Indra Narayan was survived by his sister's son,, Abinash Chandra 
Bhowmick, and Bipin Bihari Bisv...·as and Girindra Biswas, both brothers 
of 
Jogendra Nath and sons of another brother of Indra Narayan. After the death 
of Indra Narayan, Girindra, Bipin and Abinash executed on February 2, 1906 
an Ekrarnama [deed of agreement Ex. 3J whereby it was agreed inter alia, 
that the three executants and their respective heirs would be in equal rights 
shebaits and trustees of the debuttar estate and each would receive Rs. 900/-
per annum from the debuttar estate. 
By a subsequent deed, dated 24-3-1916 
(Ex. 2), a1l the 
three agreed 
among themselves that Abinash 
Chandra 
Bhowmick and his heirs would have an exclusive right to manage the affairs 
of the deity and the debuttar estate and neither Bipin, nor Girindra, nor their 
respective legal heirs would be entitled to interfere in any manner, but would 
continue to receive the annuity of 
Rs. 900/- each. 
The 
remuneration for 
Abinash and his heirs were increased to Rs. 1200/- per month. Compensation 
to the tune of 
rupees 
five Iakhs and odd, was 
deposited by the President 
Calcutta Improvement Tribunal in C.D. case No. 54 of 1922 by the Calcutta 
Improvement Trust which acquired some of the debuttar properties. 
Girindra 
died in 1917 survived by his sons and heirs Pulin Behari and Palton Behari. 
Abinash Ch~ndra Bhowmick died on April 2, 1936 survived by his sons (res-
pondents 1 to 5 herein and Nandlal Bhowrnick original defendant No. 2 since 
deceased). Bipin Bihari died in December 1941 survived by his son P<lnchaiian 
Biswas plaintiff-appellant No. 2. 
After the death of Abinash, on 8-10-1947 two of his sons Pannalal and 
Nihar Ranjan Bhowmick instituted a Title Suit 55/47 
against their 
other 
brothers Nagendra. Nandlal. 
Panchulal and Benoy Kumar Bhowmick for a 
declaration of the nature, character and amount of rights of the parties in the 
suit property and for framing a scheme for management of debuttar property. 
The deity Sree Sree Lakshmi Narain Janardan Jiew was also impleaded through 
guardian ad !item Sri Ishwar Vidyalankar The Trial Court, on an interpretation 
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of the terms of the Trust, held that it did not create an absolute debuttar, but 
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only charged the properties with the expenditure of the worship of the deities 
and the idol mentioned in the trust deed. The Trial Court did not accept the 
scheme of arrang,ement filed by the parties, and directed further that the com· 
pCnsation lying in deposit in C.D. case No. 54/1922 shall be utilised ~'for erection 
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856 
SUPREME COURT REPORTS 
(1978] 3 S.C.R. 
f·i.
of a temple and Jhakurbari" as desired by the founder and the "surplus income 
of the property shall be utilised in purchasing Government promissory notes, but 
the interest whereof shall be given over tQ the descendants of Abina~h. accordin:g 
to shares". Against that decree. dated 21-4-1949 the plaintiffs Pannalal and Nihar 
Ranjan in their capaci

Excerpt shown. Read the full judgment & AI analysis in Lexace.