MADHAVRAO GANPATRAO DESAI Vs. BALABHAI RAGHUNATH AGASKAR

JUDGEMENT

(1.) ON May 1, 1889, Janardhan Wassoodev, a Hindu dwelling in Bombay, in consideration of the natural love and affection which he bore " to his children and grandchildren," made a voluntary settlement in their favour of property chiefly consisting of real estate. The children named as beneficiaries were four, Krishnabai, Pootlabai, Raghunath and Kashibai, all of whom were married and had children living at the date of the deed, while Raghunath had both children and grandchildren.

(2.) THE settlement took the form of a conveyance of property m to trustees upon trust to pay the income, after deducting Rs. 25 per month for taxes and repairs, to the settlor for life and after his death; then upon certain trusts expressed in the following words: " Upon trust out of the said rents dividends and profits to pay one-fourth part of the net amount to Raghunath Janardhan son of the said Janardhan Wasoodev during his life and from and after the decease of the said Raghunath Janardhan in trust to pay the same to all the male heirs of the said Raghunath Janardhan share and share alike and as to one-quarter of the said rents dividends and profits upon trust to pay the same to my daughter Krishnabai wife of Ganpatrao Moroji Zaoba during her life for her sole and separate use and after her death in trust for the male heirs of the said Krishnabai share and share alike. And as to another quarter of the said rents dividends and profits upon trust to pay the same to my daughter Pootlabai wife of Nanabhoy Gunpatrao during her life for her sole and separate use and after her death in trust for her child Sonabai wife of Gunpatrao Khunderao and after the decease of the said Sonabai in trust for all or such one or more of the children of the said Sonabai wife of Gunpatrao Khunderao in such share and at such times as the said Sonabai shall by deed or will appoint."

(3.) THE appellants are three of the children of Krishnabai, and the respondents are the three other children and the heirs of the original settlor.