L MADHO RAM Vs. JAI CHAND RAI

JUDGEMENT

(1.) This is an appeal from an order of the District Judge, Saharanpur, dated 11th April 1933, by which he purported to dispose of two applications, one dated 28th November 1931 by Jai Chand Rai and others and the other dated 20 February 1933; by Col. D.P. Goyel. The facts of the case are that one Mt. Kasturi. executed a will on 20 March 1920 by which she gave certain directions, regarding her property. On 1 August 1931 Col. Goyel who had obtained probate of the will of his wife, Mt. Kasturi, applied for the sale of certain immovable property covered by the will. Permission was granted to Col. Goyel on 17 August 1931 and we have been informed that in pursuance of the permission the property was actually sold on 14 October 1931.

(2.) On 28 November 1931 Jai Chand Rai and others applied to the learned District Judge that: the order dated 17 August 1931 be set aside and proper directions for the due administration of the trust be ordered and the damages resulting from misfeasance of the trust be recovered from the security of the trustees or any other suitable order be passed.

(3.) This application was opposed by one Lala Madho Ram who was also mentioned as a trustee in the will of Mt. Kasturi. Later on Col. Goyel made an application on 20 February 1933 by. which he prayed for permission to sell certain other properties mentioned in the will of Mt. Kasturi Bau The learned District Judge considered these two applications on 11 April 1933 and came to the conclusion, that the application of Col. Goyel was under Section 307, Succession Act, which section was not at all applicable inasmuch as "permission to transfer is not asked in this case in order to pay debts and legacies." He therefore-refused the application of Col. Goyel. dated 20 February 1933 and at the same time set aside the order of 17 August 1931 which he considered to be an ex parte order.