S B AJAIB SINGH Vs. SHARNAM KAUR

JUDGEMENT

(1.) This is an application by the Official Trustee, Punjab, under Section 25 of the Official Trustee's Act seeking directions in regard to Rs. 1,551-1-0 which is at the disposal of the Official Trustee as also in regard to the future income.

(2.) One Dr. Ajaib Singh, who, it appears, was a gentleman of enlightenment and broad-minded ness executed a trust deed on 9-6-1934 which was accepted by the Official Trustee on 12th June 1934. By this deed of trust he left a sum of Rs. 30,000/- in G. P. Notes the income of which was to be distributed in the following proportion- To his wife Raj Kaur .. 35 To his daughter .. 50 To Barbara Singh a 'Satsangi' .. 15 He also provided that in the event of the death of any one of the, beneficiaries his or her share was to be given in the form of scholarship "to poor Garewal Sikh students of both sexes, belonging to village Gujarwal and studying at any of the schools technical, vocational or otherwise situate in the said village, half o the income in each case being set apart for the cause of female education in the said village", and the criterion for the giving of scholarships was the poverty of the recipient and not necessarily his or her ability.

(3.) Raj Kaur died during the settlor's lifetime and on 15-1-1950 he wrote to the Official Trustees that as the Zamindars of his village are much richer than they were when he executed the deed of trust and they did not need any money for education nothing should be paid in the form of scholarships but that amount, "should be saved for funds created by me". He also added at the bottom of the letter "No explanation to any one is needed." To this the Official Trustee replied on 13-4-1950 stating that as a trust had been created and as no reservation had been made the trust money could not be withdrawn. On 16-4-1950 the settlor wrote a letter from Solan stating" I now find that the scholarships given to village girls living with their parents, are not needed. The amount should from these scholarships in future be paid in the form of one scholarship of Rs. 24/- per month to a deserving poor Sikh student studying in either Medical or Engineering College of the Punjab (India) and it should be named Dr. Ajaib Singh scholarship and be paid through the D. A. V. College, Managing Committee, Jullundur City."