property. In the second place it was not proper to
include any shebait at all in the managing commit- tee of the endowment.
Then according ... provision made in the scheme with respect to the
remuneration of the shebaits is wholly improper. Finally, that the scheme
is defective as it does
referred to.
Where the validity of a permanent lease granted by a
shebait has remained unquestioned for a very long time since
the grant, although ... premises bearing
No. 140, Cotton Street, in her capacity as a shebait in
favour of one Nehal Chand Panday (who was admittedly a
benamidar
heir of the transferor or stands in
the line of succession of shebaits and suffers from no
disqualification regarding the performance of duties; (b)
when ... right within a limited circle of purchasers, who
are actual or potential shebaits of the deity or otherwise
connected with the family. In the present
charge in favour of idol-
Construction of will-Adverse possession-Possession of
shebait, whether can be adverse to idol.
HEADNOTE:
The question whether the idol ... Surendra Nath Das (24 C.W.N. 1026)
referred to.
No shebait can, so long as he continues to be the shebait,
ever claim adverse
supra) itself. Mukherjea, J., observed in this connection:
"But though a shebait is a manager and not a trustee in the technical sense ... correct to describe the shebtaitship as a mere office. The shebait has not only
duties to discharge in connection with the endowment
assessee being admittedly the manager is in a position of shebait having beneficial interest in the income of the institution, and the surplus which ... assessee being admittedly a manager, is in the position of a shebait having beneficial interest in the income of the institution and the surplus which
hand and Poojaries, Archakas, Mahants Heads of Mutts and Shebaits of North India on the other. The Dharmakartha is a mere manager; his liability will ... equipollent to trustee. The position of Dharmakartha is not that of a shebait of a religious institution, or of the head of a mutt. These
that case were that Jagadindranath Ray brought a suit for (possession as shebait of an idol. It was found by the Courts in India that ... Sundara Achi, .who was the guardian of her minor adopted son, the shebait, could bring a suit during his minority on behalf of the Thakur
Krishna Banerjee claimed a declaration of his right to act as a shebait of the said deity in succession to his father who had admittedly ... been one of its shebaits. The appeals have been heard together, as many common questions of fact and law are involved, but the deity
said idol disappears, not being found out, then any; one of the shebaits named below fin the Will: in whose time the said ... said idol, with the income of the said properties. The shebaits shall not be entitled to take loans on account of Thakur sheba
