ADVOCATE GENERAL OF BOMBAY Vs. VITHALDAS MEGHJI

JUDGEMENT

(1.) This is a suit filed by the Advocate General as representing a charitable trust-the; Anathahraina-created by the will of Hansraj Ludha. The plaint prayed for a declaration of the properties that were the subject-matter of the trust and for the removal of defendant No. 1 from the office of trustee and for the administration of the estates of Hansraj Ludha and of his wife and of the trust properties. But by consent the suit has been confined to one for declaration as to what properties are subject to the trust and for the preparation of a scheme for the administration of the Charity. The defendant No. 1 is the trustee and supports the Advocate General. The second defendant claims certain properties adversely to the trust find it is against him that the declaration is sought.

(2.) Hansraj Ludha died at Jamnagar on the 27th day of May 1 1901, leaving a widow Hiravahu and a daughter Jivibai. Ilia property consisted of:--- (a) A house in Bombay-the Ramdas Mala. (b) Two douses in Jamnagar. (c) Moveables, consisting of (i) a fund standing in the name of a former wife and of Hiravahu ; (ii) household effects and furniture ; (iii) Hiravahu s Stridhan; and (iv) the assets of his business termed "Punji" in his will.

(3.) The provisions of Hansraj Ludha s will (omitting details not relevant for the purposes of this suit) are as follows :-