PRAMILA SAHARIA Vs. MAHESH KUMAR SAHARIA

JUDGEMENT

(1.) This appeal would relate to interpretation of a clause in the Deed of Trust. Pramila Saharia is the daughter -in -law of Late Ram Gopal Saharia who executed a Deed of Trust in 1960. The relevant clauses that would come up for consideration are quoted below:

(2.) Initially, Ram Gopal Saharia was the founder trustee with his wife and son. In 1963 since Ramesh Saharia expired in his place Lokenath Khemani was appointed as trustee who was an outsider to the family.

(3.) By a further resolution dated January 8, 1969 three trustees, namely, Ram Gopal Saharia, Choutmal and Lokenath held a meeting and asked Sarda Debi Saharia, the second wife of Ram Gopal Saharia, to vacate her post as a trustee to accommodate Krishna Kumar Saharia.