R D SETHNA Vs. NATIONAL BANK OF INDIA

JUDGEMENT

(1.) One Ambararn Motichand died on the 12 October 1900. Previous to his death, on the 3 of October 1900, he made his will whereby he appointed his father Motichand Howji, the second defendant herein, Chunilal Pitamber his wife Samoo and his mother sl sister Kashi, the executors and executrices thereunder. Probate of that will was granted to Motichand Howji and Chunilal Pitamher on the 13 of March 1902, the right of the two ladies to apply for probate being reserved. Ambaram left considerable property and amongst such property were twenty shares of the Textile Manufacturing Company.

(2.) By the 10 clause of his will, he directed that the residue of his property should be used for dharmada directing his trustees to use the same in such a way that his name should be perpetuated for ever.

(3.) In this case the Court is not concerned with the administration of Ambaram's estate or with the manner in which Ambaram's estate was administered till after the death of Motichand Howji which took place on the 9 of April 1905. On Motichand's death, Chunilal Pitamber, as the sole surviving executor, came into exclusive possession of the whole estate and remained in management thereof till he was ousted by an Order of this Court, made in Suit No. 31 of 1909 on the 1 of March of that year, whereby Mr. R. D. Sethna, the plaintiff in this case, was appointed a Receiver of the estate of Ambaram Motichand. This suit No. 31 of 1909 is filed by Mulibai, the only daughter of Ambaram, who challenges the validity of the bequest to dharmada and claims to be entitled to the residue of the estate. It appears that in that suit grave charges were made against the defendant therein, Chunilal Pitamber, and the charges must have appeared prima facie well- founded to have induced Mr. Justice Russell to appoint a Receiver against an executor, depriving him of the possession and management of his testator's estate. Chunilal appealed against the order but the appellate Court confirmed the appointment of the plaintiff as Receiver of Ambaram's estate.