DEVISHANKAR Vs. OFFICIAL TRUSTEE PVT LTD

JUDGEMENT

(1.) THE present trust petition has been filed by the petitioners interalia seeking reliefs for undistributed fund under clause 5 sub clause 6, 7 and 8. It is his case that the said amount should be distributed to the petitioner in view of the provisions made under clause 7 of the said trust deed. The few facts of the present case are as under:

(2.) RAM Narayan Shiv Prasad Tripathi dies leaving behind his Last Will and Testament dt.7.2.1917 under which he has settled a trust. He has therein interalia appointed Respondent as sole trustee. The said will inter alia provides various bequeaths to charities and other persons. Clause 5 of the said will provides distribution of a sum of Rs.9,000.00 in the manner set out therein. It is provided that in an event of failure of bequeath under any of sub-clauses of the said Clause 5, the balance amount of the said Rs.9,000.00 should go to the charity towards the maintenance of the temple of Shri Kashi Narayan and the Tank at Rattakhera.

(3.) THE learned counsel for the petitioners has restricted his contention only to the distribution of the balance unutilised corpus under clause 5 of the said trust deed and has restricted the petition to the same. It is his case that in an event of failure to distribute the amount as mentioned under Clause 5, he as the grandson of the deceased settlor entitled to such undistributed amount provided thereunder. It has been contended by the learned counsel for the petitioner by relying upon the said clause 5 that in an event of failure of the bequeath under sub clause 6, 7 an 8 thereof an amount of Rs.4,000.00 which is provided thereunder must go to him in view of clause 7 of the said deed of trust. It has been contended that in so far as Shivadulare Gangadayal is concerned, he is entitled to bequeath of Rs.1000.00 under sub clause 7 of clause 5 and Kalkaprasad Durgaprasad Trivedi is entitled to bequeath of Rs.2000.00 under sub clause 8 thereof. Both of them have expired and thus, the said amount must come to his share.