ALICE RICE Vs. SNCAMA

JUDGEMENT

(1.) This suit is filed by two daughters and a son of one Hormusji Edulji Cama, who became a convert to Christianity and adopted the name of William Edward Rice, to recover from the defendants, who are the present trustees of the trust deed made by Hormusji Muncherji Cama on January 23, 1872, maintenance and other allowance as provided in the first declaration of Clause 2 of the trust deed. It is alleged in the plaint that the plaintiffs are the descendants of Hormusji Muncherji Cama. The father of the plaintiffs during his lifetime was working as a preventive officer in the Customs department on a monthly salary of Rs. 600. While he was alive the trustees had paid a sum of Rs. 50 per month to one Mersy Rice, the eldest daughter of Hormusji Edulji Cama. It is alleged in the plaint that Hormusji died on July 7, 1929, without leaving any substantial assets. It is further alleged that the three plaintiffs are being educated at Barnes High School, Deolali, and they have not got the proper or necessary means for their education. In para. 11 of the plaint it is alleged that the plaintiffs are the members of the family of the said Hormusji Muncherji Cama and are in poor, distressed and indigent circumstances. It is further alleged that the plaintiffs are the proper persons to be recipients of the support and relief directed to be extended to or conferred upon them by the said declaration in the trust deed. It is further alleged that the defendants are aware of the plaintiffs circumstances. In paras. 12 and 13 of the plaint it is alleged that although applications were made to the trustees for a grant of an allowance to the plaintiffs they have refused to do so. Paragraph 14 of the plaint then runs as follows :- The plaintiffs further say that in any event the decision of the defendants declining to render any assistance to the plaintiffs out of the said trust fund, is quite unfair and unreasonable and is not bona fide.

(2.) The defendants have filed a written statement in which they deny that the plaintiffs are proper persons to receive the allowances under the trust deed from them. They further say that they have made all proper inquiries and in their opinion the plaintiffs are not entitled to receive anything from the trust funds. They further contend that they having exercised the discretion which was given to them under the trust deed the Court has no power to question their exercise of the discretion. In the alternative it is contended that the deceased Hormusji Edulji Cama having become a convert to Christianity the plaintiffs are not members of the family of the deceased Hormusji Muncherji Caina within the meaning of the first declaration of the second clause of the trust deed.

(3.) On a summons taken put for further and better affidavit of documents the learned Chamber Judge directed the following two issues to be tried, in Court, as preliminary issues :- 1. Whether the plaintiffs, under the circumstances sat out in the plaint, are entitled to challenge the decision of the trustees of the trust deed mentioned in the plaint upon a true and proper construction of the trust deed ? 2. Whether upon a true and proper construction of the trust deed the plaintiff's are beneficiaries thereunder at all ?