MARIYAM BIVI Vs. NATHARSA ROWTHER TRUST

JUDGEMENT

(1.) THESE two second appeals raise a common question as to the validity of registration of a trust deed executed by one Natharsa Rowther on 26-6-1920. The question arises this way. The founder's son, Abdul Khader, succeeding as trustee, alienated the properties of the Trust as though they were his own, not disclosing that they were inalienable trust properties. After Abdul Khader's death, the grandson of the founder became trustee. Acting on behalf of the trust, he sued the alienees for a declaration and possession, contending that the alienations were void having been made in breach of trust. The alienees resisted the suits. One of the defences raised by them was that the trust itself was invalid since the deed of trust had not been validly registered. This contention, as well as others, were rejected by both the courts below and the suits were decreed in favour of the Trust as prayed for. The alienees have now come in further appeal before this court.

(2.) MR, R. N. Kothandaraman, arguing for one of the alienees, the appellants in s. A. 2460 of 1975, has repeated the contention that the registration of the original trust deed was invalid. His argument centred round a narrow point. Ha conceded that the document was duly executed by Natharsa Rowther on 26-61920. He conceded that it was duly presented for registration on the same day, 26-6-1920, by the executant's agent. He conceded that the agent had been duly authorised to do so under a valid power of attorney dated 25-6-1920 executed by Natharsa Rowther. Granting all these, Mr. Kothandaraman, nevertheless contended that the registration was invalid, for, according to him, natharsa Rowther was not alive on the date of registration, which was 7-81920. Learned counsel said that Natharsa Rowther died within 15 days of the execution of the trust deed on his way to Mecca and during his sea voyage, and that the presentation of the document by the agent for registration and the subsequent registration were all done subsequent to the executant's death. It was accordingly urged that the registration was invalid.

(3.) I cannot accept the learned counsel's contention as to the death of Natharsa rowther, in the face of the finding of both the courts below that the old man died only after he returned to Bombay after successfully completing his pilgrimage. Both courts accepted the oral evidence to this effect adduced by as many as four witnesses.