SAHEBZADI AMINA MARZIA Vs. SYED MOHAMMAD HUSSAIN

JUDGEMENT

(1.) This revision is placed before us on a reference made by our learned brother, Muktadar, J., by order dated 29th Jan., 1981 as an important question of law is involved in the matter.

(2.) The parties are described in this judgment as they were arrayed in the petition. The facts relevant for disposal of this revision are as follows: Sahebzadi Fatima Fouzia and Sahebzadi Amina Marzia, the grand-daughters of His Exalted Highness the Nizam, are respondents 1 and 2 in the petition. The 3rd respondent is the Wealth Tax Officer, Central Circle III, Hyderabad.

(3.) His Exalted Highness the Nizam VII of Hyderabad executed on 4th Sept., 1951 an Indenture of Trust known as "Wedding Gifts Trust of H.E.H, the Nizams two grand-daughters" whereby he settled jewellery and ornaments specified in the first and second schedules and 3 per cent Government of India securities of the face value of Rs. 50,000, Rs. 1,25,000, Rs. 1,25,000 and Rs. 25,000 specified in the third, fourth, fifth and sixth schedules to the deed of trust respectively for the benefit of his two grand-daughters Sahebzadi Fatima Fouzia and Sahebzadi Amina Marzia, respondents 1 and 2. The petitioners and Prince Muffakham Jah Bahadur and Col. Bashir Hussain Zaidi are the present trustees of the Trust, The petitioners filed O. P. No. 210 of 1979 under Section 34 of the Trusts Act, 1882 for advice or directions in respect of the management or administra- tion of the trust property in view of the demands made by the Wealth Tax Officer, the 3rd respondent. Under the provisions of Sub-clauses (c) and (e) of Clause 3 of the deed of trust the articles of jewellery specified in the First and Second Schedules to the deed of trust are to be held upon trust to allow the 1st and 2nd respondents to wear and use the articles of jewellery respectively for the purpose of any special or festive occasion and after any such ceremony or festive occasion, the trustees are enjoined to take charge of such articles from the said beneficiaries. Under Sub-clauses (g) and (h) of Clause 3 of the deed of trust, the trustees are enjoined not to sell or otherwise dispose of the articles of jewellery specified in schedules I and 2 during the lifetime of respondents 1 and 2 or to deal with the same in any manner except for the purposes of allowing the beneficiaries to wear and use the same. Clauses 4 and 5 of the deed of trust provide that on the death of the respondents 1 and 2, the trustees are to divide the articles of jewellery specified in the first and second schedules respectively among the children of the beneficiaries per stripes in the proportion of two shares for every male child and one share for every female child.