Interpretation of Wills-Common ancestor of plaintiffs
and defendants created absolute debutter of his house in
favour of family deity-By two wills devised ... will of June 6,
1898 the testator created an absolute debutter in favour of
the family deity. This will also stated that he "devised
appellant – Riju Prasad Sarma who
further described himself as the Administrator, Kamakhya Debutter. The
said writ petition sought to challenge the constitutional validity of
Section ... Riju Prasad Sarma & Ors. claiming to represent The Kamakhya
Debutter Board.
Along with the Civil Appeals three writ petitions bearing
Will open with the
words 'I hereby dedicate and make debutter my
Thakurbaree'.The Income Tax Officer issued notices requiring
filing ... real question is whether
the testator created an absolute or partial debutter or
was there no dedication to the idol but a vesting
remuneration of 25 per cent. of the net income of the debutter property has also been provided for the shebait or shebaits for the time ... that the relation of a shebait in regard to debutter property is not that of a trustee to trust property under the English
then be held to be valid as
permanent alienation of the temple debutter property is
prohibited. The position is stated thus at page ... held in that case, he has no power to alienate
debutter property expect in a case of need or for the
benefit of the estate
would be for it to
appoint a shebait for the Debutter
property. It cannot be said that
the State receiving a dedicated
property but escheat ... Thakur Jugal Kishorji Maharaj Birajman Mandir (Marhi) in
town Khair and its debutter property as shown in schedule
'B' of the plaint
this case is whether the
two ladies were competent to give debutter properties by way
of permanent lease to another person. In 1870, Muni Bibi ... Gopal Das, and, on the
17th August, 1890, the latter mortgaged some debutter
properties including 140and 141, Cotton Street, to Lal
Behari Dutt
self-styled body in the name and style of Kamakhya Debutter Board
(‘Debutter Board’) was formed by the respondent nos.1 to 4 and that ... Court dated 7 th
July 2015, which reads thus:-
“73. Since the Debutter Board is
occupying some part of the premises
would be for
it to appoint a shebait for the Debutter property. It cannot be said that
the State receiving a dedicated property but escheat ... Thakur Jugal Kishorji Maharaj Birajman
Mandir (Marhi) in town Khair and its debutter property as shown in schedule
'B' of the plaint
shebait in regard to
(1) [1951] S.C.R. 1125, 1133.
574
debutter property is not that of a trustee to trust property
under ... connection with the endowment, but he
has a beneficial interest in the debutter
property............ In almost all such endowments the
shebait has a share
