RAM PERSHAD Vs. CHHANO DEVI

JUDGEMENT

(1.) One Shri Bholumal executed a will dated 4/7/1916. In that will, inter alia, he provided for spending a sum of rupees thirty-two thousand and interest thereon in the construction of a Dharmashala. Subsequent to the said will, the said Bholumal himself completed the construction of the Dharmashala. Therefore, by a subsequent will dated 15/7/1921, he revoked his earlier will and provided for the management of the Dharmashala among other things. He appointed Ram Prashad, the first plaintiff in the suit and Ram Sarup, the deceased first defendant in the suit, which has given rise to the present Second Appeal, and two others as executors and managers for the purpose of carrying out the directions contained in the will and for managing the Dharmashala. The will stated that after the death of the testator the said managers should manage the Dharmashala in every way and carry out repairs. The will further provided that Ram Sarup, one of the managers, would be authorised to realise the rents of the shops pertaining to Dharmashala and maintain the accounts of income and expenditure himself. One other clause in the will that has to be noticed is that which provided that in future whatever amount was to be spent in respect of the Dharmashala, the same shall be spent by Ram Sarup in consultation with the other receivers'. It appears that the testator, namely, the founder of the Trust died in 1921 itself.

(2.) On 31/10/1951, the plaintiffs filed suit No. 495 of 1951 on the file of the Commercial Sub-Judge, I Class, Delhi, against Ram Sarup for "preliminary decree for rendition of accounts in favour of the plaintiffs against the defendant directing him to render accounts of the income of the trust property since Sambhat 1976 and a final decree for such amount as may be found due from the defendant to the trust on rendtion of accounts." Sambhat 1976 corresponds to 1919 A.D.

(3.) During the pendency of the suit and as a matter of fact immediately after the service of the summons on Ram Sarup and before he could file the written statement, Ram Sarup died on 25/2/1952. On an application dated 5/3/1952 filed by the plaintiffs, the respondents 1-6 herein were brought on record as legal representatives of the deceased Ram Sarup. Out of these respondents, respondent No. 1 is the widow of Ram Sarup and respondents 2-6 are the children of Ram Sarup and of whom respondents 3-6 were minors at that time. Two separate written statements were filed in the suit, one by the widow of Ram Sarup and the other on behalf of the minor defendants. On the basis of the pleadings, the following issues were framed for trial:-