AIR 1923 CALCUTTA 177 ::1923 (27) Cal WN 218 ::1923 (76) Ind Cas 213

Calcutta High Court

Hon'ble Judge(s): Woodroffe, Suhrawardy , JJ

(A) Deed - Construction - Absolute debutter or imperfect debutter - Surplus profits to go to Deity - Absolute debutter is intended. Where a deed of endowment provides that the surplus profits after performance of the sheba, should be acquired by the " Iswar Jee" and there was a marked dissociation made between this and other secular properties, held that there was an absolute debutter in favour of the Deity named. (B) Hindu Law - Religious endowment - Family trust - Shebait cannot convert trust property into secular property without consent of whole family. Shebaits cannot, by their dealings give the trust property a different turn. It is the members of the family interested who by their consent may convert the debutter property into secular property. It is not the dealings, bat the family consent that changes the original character of the property. (C) Civil P.C. (5 of 1908) , S.100— New point not raised in pleadings for in the Lower Courts cannot be raised in second appeal. When a point was not raised in the pleadings or in the issues or in the Lower Courts it cannot be raised in second appeal after the arguments are over. .....