VARKI Vs. THOMAS

JUDGEMENT

(1.) We are not satisfied that there is any merit in this appeal. The decree in the suit was passed on the strength of a claim based on the provision in Ext. A Will, which plaintiffs father had executed in favour of the defendants. It was provided in the Will that a sum of Rs. 3,000 should be paid to the plaintiff towards her sthreedhanom mainly and also towards some more amount which the father intended to give her. A reading of the provision makes it clear that the defendants were made trustees of this amount which was payable after the expiry of a specified period. The defendants defaulted to make the payment and hence the suit was instituted by the plaintiff. It is clear that the claim was for the amount due to her on account of the breach of trust committed by the defendants. Such a debt comes under Clause.3 of S.2 (c) of Act XXXI of 1958, It is a debt exempted from the operation of that Act. The lower courts view to that effect is correct and calls for no interference in this appeal. Accordingly this appeal is dismissed with costs.