LAKSHMI KANTA JHA Vs. MAHARANI RAJYALAKSHMI

JUDGEMENT

(1.) In this matter Originating Summons has been taken out by the Executor, Sri L. K. Jha, in respect of the Will of Maharajadhiraja Sir Kameshwara Singh of Darbhanga, hereinafter described as the 'Maharajadhiraj'. The Will was executed on July 5, 1951, and the Maharajadhiraj died on October 1, 1962. Earlier, an application was made on December 3, 1967, by Maharani Kamsundari, the Respondent No. 2, for removal of the Executor and for other directions. On that application, controversy arose on construction of the said Will. In my judgment, on the said application, I made an observation that no final decision on the construction of the Will could be made in that application and that the Executor should have made an application in the Court by way of originating summons for construction of the Will which would crystallize the rights of the legatees including those of Maharani Kamsundari. Thereafter, the present application was made on July 17, 1968. But for reasons best known to the parties adjournments were taken from time to time.

(2.) Mr. Gouri Mitter, on behalf of the Executor, has at the outset made it clear that his client would abide by any construction which would be made by the Court on the Will. I, however, have requested him to express his views on the construction which he would think to be correct. On request, Mr. Mitter has made his submissions. But, before I discuss his views on the matter it is necessary to set out the relevant provisions of the Will which read as follows:

(3.) Mr. Mitter has put before me the following construction on the Will. The two widows of the Maharajadhiraj, Maharani Rajyalakshmi and Maharani Kamsundari are entitled to reside in the residential house at Rambagh and at Nargauna palace respectively and also to use the furniture and fittings in the said two buildings without interference by anybody. After the death of Maharani Rajyalakshmi the house at Rambagh shall vest in Maharaja's youngest nephew Rajkumar Subheshwar Singh absolutely. Similarly, on the death of Maharani Kamsundari, Nargauna palace shall vest in the said nephew. Further, the two Maharanis would be entitled to have assets of the value of Rs. 15 lacs each out of the ' estate of the Maharajadhiraj. Subject to the said disposition and bequest, the entire residue of the estate shall vest in a Board of Trustees consisting of three Trustees, Sri Girindra Mohan Mishra, Sri Lakshmi Kanta Jha and Ojha Sri Mukunda Jha. The said Trust was constituted for the benefit of the said two Maharanis and the children of the Maharajadhiraj's three nephews. The Trustees of this residuary estate shall pay out of the capital assets sums of Rs. 8 lacs to Maharani Rajyalakshmi and Rs. 12 lacs to Maharani Kamsundari. On the death of the two Maharanis 1/3 of the residuary estate shall vest in the children of the said nephew Rajkumar Subheshwar Singh, born of a wife of his own Brahmin community, 1/3 will be divided to the children of Maharaja's other two nephews Rajkumar Jeeveshwar Singh and Rajkumar Yajneshwar Singh and the remaining 1/3 will remain in perpetual Trust for public charitable purposes. Clauses 5(1), 5(b) and 6, however, have put restrictions on the absolute use of the properties bequeathed to the two Maharanis. The first restriction is that all the properties bequeathed to the Maharanis will be held in a Trust for their respective lives by two separate Boards of Trustees consisting of the said three persons ; or in other words, the Maharanis' limited estate in the house at Rambagh and Nargauna palace and also assets of the total value of Rs. 30 lacs would be administered by the said three Trustees who are to pay every month to each of the two Maharanis a sum of Rs. 3,000 during their life -time after payment of taxes and other public demands. According to Mr. Mitra, if the net income of the property bequeathed to each of the Maharanis is not sufficient to pay the said sum of Rs. 3,000 to each of the Maharanis, the Trustees will be at liberty to make up the deficit from out of the capital assets. Under Clause 6, the Trustees shall not only keep the house at Rambagh and Nargauna palace in proper repairs but also will spend money for the maintenance of those buildings out of those properties respectively bequeathed to the two Maharanis. Mr. Mitra has contended that there will. be three Trusts, one for the properties bequeathed to Maharani Rajyalakshmi, second for the properties bequeathed to Maharani Kamsundari and the third for the residuary estate. The said Trusts excepting the Trusts for public charitable purposes which are mentioned in Clause 4 will terminate on the death of the two Maharanis.