SEWDAYAL RAMJEEDAS Vs. OFFICIAL TRUSTEE OF BENGAL

JUDGEMENT

(1.) This originating summons was filed on 8 March of this year. It is taken out by Sewdayal Eamjeedas, described as a firm carrying on business in copartnership or coparcenary as members of a joint Hindu Mitaksbara family at No. 130, Machuabazar Street. Originally the only defendant was the Official Trustee of Bengal, who is now sole trustee of three deeds of trust executed by a settlor of the name of Chandicharan Das, who died intestate on 19 July 1928, leaving him surviving his widow Sm. Sarengabala Dasi, two minor sons, and a minor married daughter.

(2.) The deeds of trust are dated 27 April 1921, 10 May 1924 and 20 December 1926. The deed of 27 April 1921, gives a life interest to the settlor and directs that after his death the trustee or trustees for the time being shall, after paying Rs. 20 a month to the daughter or each of the daughters of the settlor for their lives from the date of their marriage, pay the balance of the income to the widow for life for the maintenance of herself and her children, and thereafter hold the trust fund for the use and benefit of the son or sons, of the settlor, if more than one, in equal shares, to be made over to him or them on the attainment by him or them of the ago of 21 years, with power in the meantime to the trustee or trustees to spend such sum or sums out of the income for the maintenance, education, advancement or benefit of such son or sons as the trustee or trustees shall think fit, and accumulate the balance (if any) to form part of the corpus to be dealt with as thereinbefore directed. This is followed by a power to the settlor to vary by will subject to certain limitations.

(3.) The deed of 10 May 1924, also gives a life interest in the trust fund to the settlor and directs the trustee, after making provision for a monthly payment of Rs. 30 to the widow for life, to hold the rest of the trust estate, moveable or immovable, for the use and benefit of the son or sons of the settlor. The language of the first trust deed, as to the interest of such son or sons, is repeated. There then follows a proviso that in case of failure of issue in the direct male line of the settlor and, in default of any disposition by will by the settlor, the trust estate shall be applied in the founding of beds in a recognized hospital or towards some similar charitable object.