basis of what the defendant received and spent out of the debutter property, but on the basis of the loss which the deity sustained through ... Paragraph 1 of the plaint gives the early history of the debutter and recites the will of Bidhu Bhushan which appointed three persons as shebaits
endowment." (2) That in this case the endowment may be partial debutter, but that an estate is carved out for the Thakur ... power to order conversion of land in the case of an absolute debutter. (5) There is no reason for a different rule in the case
wrong premise that, since Jatanmani's children
transferred the debutter estate without obtaining leave of the District Judge, Howrah, the petitioners
did not acquire ... applied to the court
for permission to transfer a part of the debutter as he needed funds for repairing the rest. His
Lordship (Ameer
manager has not got an unqualified power of alienation in respect of debutter properties. His powers in that regard are restricted. He can alienate debutter ... deity and the burden of establishing the circumstances justifying an alienation of debutter property is on the alienee.
25. Even under the Indian Trusts
where it was held
that (1) the founder of a Hindu debutter is competent to lay down rules
to govern succession to the office ... that the
relation of a shebait in regard to debutter property is not that
of a trustee to trust property under the English
property or any part thereof by the
Shebaits of the Debutter Estate of the Thakur Shree Shree Jagannathjee
created by the Will of February ... Supreme Court decision.
b) It is required for Shebaits of the Debutter Estate created by the Will dated
February 21, 1887 to obtain leave
dedication will be inoperative and the property cannot be treated as debutter, i.e., belonging to the idol."
33. The Supreme Court, in BABY
There a contract for giving for lease of certain debutter property was entered into which the plaintiffs by defendants No. 3 acting on behalf
asked on that suggestion is, what property has been made debutter or charged in favour of the idol? The second is what proof is there
position of the dharmakartha or manager of a temple in relation to debutter property is by no means similar to that of a trustee towards
