CHANDRA KALI Vs. MANAGING COMMITTEE ARYASAMAJ MEERUT

JUDGEMENT

(1.) This is an application under Section 25 of the Official Trustees Act, 1913 read with Section 25 of the Administrators General Act, 1963. This is a proceeding under the supervisory jurisdiction of the Court under S. 25 of the Official Trustees Act. This case has been wrongly marked as Testamentary Suit. The petitioner states that she is a widow and has nobody in the family to support her. She claims to be a beneficiary of Shri Jyoti Swarup Trust, Meerut and is as such interested in the proper administration of the said Trust. It may be noted that the applicant is a widow of Sri Jamuna Prasad Mishra, resident of village Kakraha, P.O. Atrampur, district Allahabad.

(2.) It is stated that one Shri Jyoti Swarup son of Munshi Jawahar Singh, resident of Mohalla Chipiwara, Meerut executed a registered Will dated 26th April, 1936 creating a trust of his entire immovable properties for the benefit of widowed women on the terms and conditions mentioned in the Will itself, Shri Jyoti Swarup at the time of his death left behind a house bearing Municipal No. 38, Chipiwara, Meerut and cash amounting to Rs. 13,000/- besides other movable property. In the Will it was indicated that the Aryasamaj afier taking into possession the house and the goods shall dispose of the movable goods and deposit the cash in the Bank and receipts from movable property in fixed securities i.e. Fixed Deposit Receipts. The Arya Samai, Meerut was directed to give effect to the aforesaid wishes under the guidance and control of the District Magistrate, Meerut The interest from the deposits as well as income from the rent of the house was to be given to Pardanashin widowed ladies. It was also provided in the will that a stone plaque shall be put on the house No- 55 signifying it to be a waqf created by Jyoti Swarup son of Munshi Jawahar Singh.

(3.) After the death of Jyoti Swarup, the Arya Samaj Committee, Meerut discharged their function in accordance with the terms and conditions of the Will. They took possession of the movable property in the house and sold it away and deposited the cash. Certain interested persons applied for grant of succession certificate which was rejected and ultimately a Letter of Administration was granted in favour of the Administrator General, U. P. in Testamentary Case No. 13 of 1943 by an order of this Court dated 23-11-1945. The Administrator General administered the property and ultimately the Administrator General of U. P. who is the official trustee under the Official Trustees Act became the Trustee of the Jyoti Swarup Trust.