MUFFAKHAM JAH Vs. MIR BARKAT ALI KHAN

JUDGEMENT

(1.) The first two Civil Revision Petitions namely, C.R.P. Nos. 2793 and 1703 of 1984 are filed against the order, dt. 7-4-1984 passed by the learned Chief Judge, City Civil Court, Hyderabad dismissing O.P. No. 30 of 1984 filed under S.34 of the Indian Trusts Act requesting the said Court for its opinion and advice on the question whether the trust can be dissolved in the manner suggested by the trustees and the beneficiaries under the trust. C.R.P. No. 1703 of 1984 is filed by the beneficiaries and C.R. P. No. 2793 of 1984 is filed by the trustees.

(2.) The other five C.R.Ps. are filed by third parties against the order of the learned Chief Judge, City Civil Court, Hyderabad dismissing their petitions filed under O.1, R.10 C.P.C. to implead them as parties in O.P. No. 30 of 1984.

(3.) The material facts giving rise to the above Civil Revision Petitions are as follows : - The late H.E.H. Nizam Nawab Mir Osman Ali Khan Bahadur created a trust called H.E.H. the Nizam's Miscellaneous Trust for the benefit, of his family members by an indenture of trust dated : 6-8-1950. Under the said trust, the settlor constituted himself and two others Nawab Zamin Yar Jung Bahadur and Sham Ardeshirlal as trustees. The Nizam, Nawab Mir Osman Ali Khan and Nawab Zain Yar Jung Bahadur have since died and the other trustee Shava Ardeshirlal had retired from the trust. Ever since trustees have been appointed from time to time and the five petitioners in C.R.P. No. 2793 of 1984 are the trustees at the time when this petition was filed. The trust was created for the benefit of certain named persons who are all members of the Nizam's family. The present corpus of the trust is : -