SANJAY KILACHAND Vs. SURESH TULSIDAS KILACHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) An interesting question that arises for consideration in this petition is: what is the scope and limit of the jurisdiction of the Court to entertain a petition under section 34 of the Indian Trust Act, 1882.

(3.) One Mr. Tulsidas Kilachand died on or about 21st October, 1976 leaving behind him his last Will and testament dated 25th March 1976. By the Will, after making certain specific bequests, late Tulsidas created a trust of the residue of his estate, including of his undivided share in the property known as "kilachand house situate at Nepean Sea Road (for short "the said property ). The usufruct i. e. income of the said property has been bequeathed to the respondent for life. After the death of respondent, the said property is to be divided amongst his wife and children. Petitioner is one of the sons of the petitioner and therefore claims to have an interest in the said property. According to the petitioner, the respondent is illegally trying to alienate the said property which constitutes breach of the trust. The petitioner has therefore filed the present Trust Petition under section 34 of the Indian Trust Act for an order of permanent injunction restraining the respondents from selling, disposing off, alienating and/or otherwise parting with the possession of the said property and for other incidental reliefs. The respondent has denied the allegations made against him and contests the petition.