JUTHIKA SIRCAR Vs. OFFICIAL TRUSTEES OF WEST BENGAL

JUDGEMENT

(1.) Sir Nripendra Nath Sircar during his lifetime created two Trusts for the benefit of his fourth son Dhirendra Nath Sircar and his heirs. Under the first deed of Trust which is dated December 6, 1943, Shri Dhirendra Nath Sircar was appointed as the sole trustee of two immovable properties. The first deed of trust is nut relevant for the purpose of the application made before me.

(2.) This application has been made under Sections 25 and 26 of the Official Trustees Act, 1913 and Sections 34 and 36 of the Indian Trusts Act. 1882. The petitioners I and 2 are Sm. Juthika Sircar and Sri Dhirendra Nath Sircar. Sm. Juthika is the wife of Sri Dhirendra Nath. The other petitioners 3, 4 & 5 are Sm. Alaka Ghose, Sm. Sujata Basil and Sm. Sumitra Ghose. They are the three daughters of Sm. Juthika Sircar and Shri Dhirendra Nath Sircar.

(3.) In this application prayer (a) of the petition relates to the second Deed of Trust dated March 12, 1945 created by Sri Nripendra Nath Sircar by which the Official Trustee of Bengal was appointed as the trustee. The trust security consists of certain Government securities of the face value of Rs. 2,85,000/- Now it consists of two immovable properties purchased out of the sale proceeds of the Government securities.