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of <h1>Court grants possession of land for worship after destruction of image. Defendant's refusal terminates service-tenure.</h1> <h3>Bijoychand Mahatab Versus Kalipada Chatterjee</h3> Bijoychand Mahatab Versus Kalipada Chatterjee - (1914) ILR 41 Cal 57 Issues:Interpretation of a trust for the worship of an image established by a Maharaja, effect of destruction of the image, obligation to perform worship, validity of a service-tenure, entitlement to retain possession of land.Analysis:The plaintiff appealed in a suit involving a unique claim regarding land possessed by the defendant, originally belonging to the plaintiff's predecessor, the Maharaja of Burdwan. The plaintiff alleged that the land was granted for the worship of an image named Trilokeswar Shiva. The plaintiff sought relief, including compelling the defendant to perform worship, provide necessary articles, or face ejectment. The defendant denied any obligation for worship, claiming the land was granted for family idols' worship. All lower courts dismissed the suit.Upon appeal, it was argued that the defendant's predecessor's arpannama admitted the land was granted for worship of family idols and Trilokeswar Shiva. The plaintiff contended that the trust for worship of Trilokeswar Shiva did not end with the destruction of the image. Reference to Hindu Law principles indicated that the religious purpose of the endowment survives even if the image is destroyed, allowing for the establishment of a new image. The defendant's refusal to worship the new image led to the conclusion that the service-tenure had ended, and the defendant could not retain possession of the land.The Court rejected the respondent's argument that the endowment ceased when the original image was destroyed, citing previous judgments establishing the survival of the religious purpose despite the destruction of the image. The defendant's refusal to perform worship on the new image led to the termination of the service-tenure, resulting in the plaintiff being entitled to possession of the land. The appeal was allowed, the lower court decrees discharged, and the plaintiff granted possession of the property with costs. The claim for mesne profits was abandoned. Chief Justice Jenkins concurred with the judgment.
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