OFFICIAL TRUSTEE WEST BENGAL Vs. LAL CHAND MULLICK

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay in filing the appeal from the order of the Court below passed on Jan. 7, 1981.

(2.) The matter relates to the trust estate created by Raja Debendra Nath Mullick by the deed of trust dated 28th Feb., 1919. It is a public charitable trust. The trust comprises of, inter alia, the premises No. 17 Sooterkin Lane, Calcutta now known as 22, Prafulla Sarkar Street, The object of the trust amongst other is for the eradication of leprosy. It is in respect of this trust estate that the order appealed from has been passed by the Court below in favour of a member of the settlor's family for his personal benefit. The Official Trustee of West Bengal is one of the trustees in respect of the said trust estate of Raja Debendra Nath Mullick. The Official Trustee wants to prefer the appeal herein but is late in doing so by a few days due to default or laches on the part of the dealing assistant.

(3.) The respondent herein is Lal Chand Mullick. Lal Chand Mullick is a member of the family of the settlor. It appears that he is already a tenant under the appellant Official Trustee in respect of several premises of the said trust estate, namely, premises Nos. 12A to 12F Justice Manmatha Mukherjee Road, 22, Prafulla Sarkar Street and 2 and 2/1 Srinath Babu Lane, Calcutta. The respondent pays a monthly rent of Rs. 707/- to the appellant in respect of the said premises of which he is a tenant including the premises No. 17, Sooterkin Lane now known as 22, Prafulla Sarkar Street, Calcutta,