JAINABAI Vs. RDSETHNA

JUDGEMENT

(1.) This is a suit by the plaintiffs to enforce an alleged gift contained in a deed of 31 July 1902.

(2.) The principal defendants are the receivers of the alleged donor's estate and the mortgagee. The deed, on which the plaintiffs rely, appears to be a voluntary settlement in common form containing the usual revocation clause. The gist of the document is that the settlor, Ebrahimbhai Hashambhai, gives the properties therein mentioned to himself and other trustees in trust (1) for himself for life absolutely, (2) upon his death to his widow, Rahmatbai, an annuity of Rs. 500 a month; (3) to his daughter Jainabai, plaintiff No. 1, an annuity of Rs. 750 a month, with various bequests to charitable objects. (4) On the death of the said Rahmatbai, her annuity to be devoted to other charitable purposes and on the death of his daughter Jainabai, an event which has not yet happened, a sum of Rs. 1,50,000 to be given to hi: grandson MohanBai, the minor plaintiff No. 2, with power t the settlor Ebrahimbhai Hashambhai to revoke all the aforesaid bounties at his pleasure. In 1908, the settlor in the exercise 0 his power revoked the deed of 1902 and his co-trustees there upon reconveyed to him all the settled properties. He, then executed the mortgage, on which the defendant No. 4 relies The parties are Shias. Those are the undisputed facts upon: which they go to trial.

(3.) The plaintiffs contend that the gift contained in the deed-c 1902 was perfected by the settlor opening an account of the rents and profits in the name of the new trust and there for became irrevocable at any rate so far as Jainabai and Mahomed bhai are concerned, as they are within the prohibited degrees (relationship.