MADHAVPRASAD NANURAM PANDIT Vs. MONGHILAL RAMANAND MAHESHRI

JUDGEMENT

(1.) [After deciding certain questions on which the parties agreed, his Lordship proceeded :]

(2.) The real dispute between the parties is limited to question No. 2, and that question is whether a valid trust has been created in respect of the sum of Rs. 88,914-9-3 mentioned in para, 5 of the plaint The dispute is between the Advocate General, who is the fifth defendant in the summons, and the other parties excepting the executors who submit themselves to the orders of the Court.

(3.) It is contended by the Advocate General that there is a valid trust with regard to this sum, and the other parties deny that any valid trust was created or declared with regard to it. It appears from the plaint and the written statement which have been put in on behalf of the Advocate General that this sum of Rs. 88,914-9-3 appears in the account books of Jagannath as being credited to what is called the school account under date Posh Vad 4 Samvat year 1974, corresponding to January 1, 1918, and the case made out on behalf of the Advocate General is that this sum is the balance of another sum of a lac of rupees which Jagannath obtained as profit in a certain transaction into which he entered with the firm of Messrs. Cawasji Framji & Co. So that, taking the summons, the plaint and the written statement, and the questions proposed, there is not the slightest doubt that what I am asked to decide is whether there is a trust in respect of this sum and this sum only in favour of a school called the Marwari Bepari School.