S DARSHAN LAL Vs. R E S DALLIWALL

JUDGEMENT

(1.) This is an application in revision against an order of the District Judge of Saharanpur refusing to discharge the applicant from his office of trusteeship.

(2.) One Mr. H.B.S. Dalliwal, a barrister, residing at Mussoorie and owning considerable property at that place executed two deeds of trust, one on 21-4-1921 and the other on 25-6-1921. On 8-5-1926 he executed a will in respect of some other properties. Mr. Dalliwal died on 12-5-1926. The trustees of the trust deeds and the executors of the will appointed by him did not agree to act and, therefore, the District Judge appointed the applicant, Sri S. Darshan Lal, Barrister-at-law of Dehra Dun, as the sole trustee of the properties by his order dated 19-8-1926. One of the beneficiaries under the trust deeds and the will was Mrs. E.B. Dalliwal, while the two sons of Mr. Dalliwal, Roy and Kenneth, were the other two beneficiaries. Mrs. Dalliwal died on 22-10-1944. On 29-1-1947 the opposite parties, the two sons of Mr. Dalliwal, made an application to the District Judge alleging that the trust had come to an end and prayed that the properties held by the trustee might be made over to them and the trustee might be asked to explain accounts. Sri Darshan Lal was agreeable to explain the accounts but was unwilling to part with the property as he claimed that he had spent some money out of his own pocket which he was entitled to get back before he could be ordered to hand over the property. On an agreement between the parties the District Judge appointed a commissioner to go into the accounts. The report submitted by the Commissioner was not acceptable to either of the parties.

(3.) The opposite parties' case before the Court below was that as under the terms of the trust deed of 25-6-1921 the trust had come to an end, the trustee was bound to hand over the properties covered by that deed to them. Sri Darshan Lal's case was that the trust had not yet come to an end. But during the pendency of the proceedings he made an application on 31-5-1948 stating that :