LILA BANERJI Vs. AMIT BOSE

JUDGEMENT

(1.) Though three questions have been framed in the originating summons under Chapter XIII of the Rules on the Original Side of this Court, it is only the first question that needs to be answered since that is the key to the apparent dispute between the parties.

(2.) One Sarajubala Kar created a trust on December 23, 1940 which, loosely speaking, provided that the settlor and the settlor's daughter Swarnalata Bose and the three sons of Swarnalata would be the beneficiaries thereunder. The trust deed envisaged several situations, including if the settlor survived the other beneficiaries; if the other beneficiaries died before a certain date (presumably since one of the grandson beneficiaries would then have still been a minor) and other possibilities. There appears to have been considerable thought in the preparation of the deed.

(3.) Clause 7 of the deed in categorical terms provides the tenure of the trust. There is no dispute between the appearing parties nor has any question been framed as to the tenure since it is evident from clause 7 that the trust would cover the life-spans of the settlor and the four other beneficiaries named therein namely, Swarnalata and Swarnalata's sons Amalendu, Bimalendu and Nirmalendu.