PROFULLA CHORONE REQUITTE & ORS. versus SATYA CHORONE REQUITTE

PROFULLA CHORONE REQUITTE & ORS. versus SATYA CHORONE REQUITTE

The testator by his wills did not dispose of the shebaitship, thus, by operation of Hindu Law, shebaitship in the debutter property devolved upon his natural heirs and not the trustees. The trustees were not constituted shebaits but were responsible for management and funds for the deity, while the descendants of the founder, as co-shebaits, retained rights including residence. Since all shebaits (descendants) were not made parties, the suit by trustees alone was liable to be dismissed.

Parties
Appellant/plaintiff: Profulla Chorone Requitte & Ors.; Respondent/defendant: Satya Chorone Requitte
Jurisdiction
India
Judgment Date
02 March 1979
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal by the defendant allowed; plaintiffs' suit dismissed; no order as to costs.
Legal Topics
Shebaitship, Devolution of Shebait Rights, Interpretation of Wills, Trustees' Rights, Debutter Property
Hindu Law Trusts and Religious Endowments Succession Shebaitship Devolution of Shebait Rights Interpretation of Wills Trustees' Rights Debutter Property

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Parties

Profulla Chorone Requitte & Ors.

Appellant/plaintiff

Satya Chorone Requitte

Respondent/defendant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether, by the testator’s will, shebait rights in debutter property vested in trustees or in the descendants of the testator.
  2. 2 Whether the trustees alone had the right to possession and management of the debutter property to the exclusion of the testator's heirs.
  3. 3 Whether all shebaits were necessary parties to a suit relating to debutter property.

Ratio Decidendi

The testator by his wills did not dispose of the shebaitship, thus, by operation of Hindu Law, shebaitship in the debutter property devolved upon his natural heirs and not the trustees. The trustees were not constituted shebaits but were responsible for management and funds for the deity, while the descendants of the founder, as co-shebaits, retained rights including residence. Since all shebaits (descendants) were not made parties, the suit by trustees alone was liable to be dismissed.

Court Disposition

Appeal by the defendant allowed; plaintiffs' suit dismissed; no order as to costs.

Orders

  • Civil Appeal No. 1873/70 dismissed.
  • Civil Appeal No. 1874/70 allowed.