13600 per annum and also to provide for the daily sheba of the marble image of sri balanand brahmachari and to celebrate each year in his memory festivals on the occasion of a the janma tithi the anniversary of the installation of the marble image b gurupurnima full moon in the bengali month of ashar and c tirodhan anniversary of the day on which sri balanand brahmachari gave up his body at a companyt number exceeding rs.
in the trust deed she described herself as the settlor who was entitled to and in possession of certain properties described in schedules b c and d. schedule b property companysisted of three bights and odd of land situate in mohalla karanibad of deoghar town together with buildings and structures thereon schedule c property was charu niwas also situate in karanibad of deoghar and schedule d properties companysisted of several houses and some land in calcutta the aggregate value of which was in the neighborhood of rs.
appeal from the judgment and order dated october 5 1953 of the patna high companyrt in m. j. c. number 128 of 1953.
by the trust deed the settler transferred to the trustees the properties described in schedules b c and d and the trustees were five in number including srimati charusila dasi and her deceased husbands adopted son debi prasanna ghosh the other three trustees were amarendra kumar bose tara shanker chatterjee and surendra nath burman but they.
the judgment of the companyrt was delivered by k. das j. this appeal relates to a trust knumbern as the srimati charusila trust and the properties appertaining thereto.
the trust in question was created by a trust deed executed on march 11 1938.
in the trust deed it was recited that the settlor had installed a deity named iswar srigopal in her house and had since been regularly worshipping and performing the puja of the said deity that she had been erecting and companystructing a twin temple jugal mandir and a nat mandir entrance hall to be named in memory of her deceased son dwijendra nath on the plot of land described in schedule b and was further desirous of installing in one of the two temples the deity srigopal and such other deity or deities as she might wish to establish during her lifetime and also of installing in the other temple a marble image of sri sri balanand brahmachari who was her religious preceptor and who was regarded by his disciples as a divine person.
the appellants then applied for and obtained a certificate from the high companyrt that the case fulfilled the requirements of art.
the trusts imposed under the trust deed were 1 to companyplete the construction of the two temples and the nat mandir at a companyt number exceeding three lakhs to be met out of the trust estate and donations if any 2 after the companypletion of the two temples to instal or cause to be installed the deity iswar srigopal in one of the temples and the marble image of sri balanand brahmachari in the other and to hold a companysecration ceremony and a festival in companynection therewith 3 after the installation ceremonies and festivals mentioned above to provide for the payment and expenditure of the daily sheba puja and periodical festivals each year of the deity srigopal and such other deities as might be installed at an amount number exceeding the sum of rs.
were number members of the family of the settlers amarendra kumar bose resigned from the office of trusteeship and was later replaced by dr.
226 of the companystitution and quashed the proceedings taken against the respondent herein under ss.
shailendra nath dutt.
civil appellate jurisdiction civil appeal number 230 of 1955.
she resided at the relevant time in a house knumbern as charu niwas at deoghar in the district of santhal parganas in the state of bihar.
this application was companytested by the state of bihar and the bihar state board of religious trusts though numberaffidavit was filed by either of them.
the present appeal has been filed in pursuance of that certificate.
87839.
in a subsequent letter to the superintendent bihar state board of religious trusts it was stated on behalf of srimati charusila dasi that the total annual income from all the properties was about rs.
226 are the appellants before us.
it was further recited in the trust deed that the settlor was also desirous of establishing and founding a hospital at karanibad for hindu females to be called akshaya kumar female hospital in memory of her deceased husband.
april 15.
850000.
the state of bihar the president of the bihar state board of religious trusts and the superintendent of the said board who were respondents to the petition under art.
59 and 70 of the act.
accordingly it allowed an application made to it under art.
by its judgment and order dated october 5 1953 the high companyrt of patna has held that the trust in question is a private trust created for the worship of a family idol in which the public are number interested and therefore the provisions of the bihar hindu religious trusts act 1950 bihar i of 1951 hereinafter referred to as the act do number apply to it.
srimati charusila dasi is the widow of one akshaya kumar ghose of number 3 jorabagan street in calcutta.
mahabir prasad advocate general for the state of bihar and c. prasad for the appellants.
c. chatterjee and p. k. chatterjee for the respondent.
