OFFICIAL TRUSTEE OF BENGAL Vs. GAARRATOON

JUDGEMENT

(1.) In this originating summons, the Official Trustee of Bengal applies to this Court to ascertain the construction to be placed on certain portions of a marriage settlement.

(2.) The father of the bridegroom made a settlement on the marriage wherein it is recited that it is the intention of the settlor that the beneficiaries thereunder should receive a yearly income of Rupees 14,000 being equivalent to 7 per cent per annum on the nominal value of the securities settled thereunder and that in the event of such securities failing to yield the aforesaid income, to supplement and make up the deficiency.

(3.) The covenant is as follows: ... if in any year the said securities... shall not yield an annual income of Rs. 14,000, then the settlor... shall on demand... pay any deficiency between the sum actually realized by way of dividends or income on the said securities and the sum of Rs. 14,000.