TRIMBAK MADHAV TILAK Vs. NARAYAN HARI LELE

JUDGEMENT

(1.) The executor of one Vishnupant Tilak applied to the District Court of Poona for its opinion, under Section 34 of the Indian Trusts Act with regard to the administration of the trust property of the testator.

(2.) Some of the parties interested as beneficiaries under the, will were present at the time of the application, and those parties appear to have agreed that the Court should, advise the executor under Section 34. of the Trusts Act. An opinion was, accordingly, expressed by the District Judge upon the points preferred for the Court's opinion by the executor, but one at least of the beneficiaries was absent and not consenting.

(3.) One of the parties who had consented to this method of disposal of the question having found that the opinion of the Court was unfavourable to his interest preferred an appeal against the opinion, and, in the alternative, has asked this Court to entertain his objection as made under the revisional jurisdiction of the Court conferred upon it by Section 622 of Civil Procedure Code, 1882.