Appeal from the judgment and decree dated January 4, 1955, of the Allahabad High Court in Special Appeal No.
B. Bagchi, S. N. Mukherjee for P. K. Bose, for the respondent No.
The first respondent accepted that position, but the appellants, i.e., the persons claiming to be the heirs at law, preferred the present appeal against the judgment of the High Court in so far as it went against them.
After his death, his widow held the property for life till her death on March 25, 1945.
V. Viswanatha Sastri, C. P. Lal and G. C. Mathur, for the appellants.
Thereafter, the property went into the possession of the appellants, who are the heirs at law of the testator.
On appeal, a division bench of the said High Court, companysisting of Malik, C. J., and Agarwala, J., agreed with Mootham, C. J., that the will created a trust in favour of the Sabha but the learned Judges held that the Sabha was entitled only to a half share in the cash and properties pertaining to the estate of the said testator, and appointed the Official Trustee as trustee only in regard to the said share on that basis, suitable directions were given.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
36 of 1955.
The Judgment of the Court was delivered by SUBBA RAO, J. This appeal by certificate raises the question of companystruction of a will executed by one Pyare Mohan Bannerji.
This was registered as Testamentary Case No.
Mootham, J., as he then was, who heard the said case at the first instance, held that by his last will Pyare Mohan Bannerji created a trust in favour of the Sabha, and appointed the Official Trustee a trustee of all the properties left by Pyare Mohan Bannerji specified in Schedule B to the petition.
On March 17, 1950, the first respondent, Uttarpara Hitakari Sabha hereinafter referred to as the Sabha filed an application in the High Court of Judicature at Allahabad under s. 10 of the Official Trustees Act Act II of 1913 claiming that the late Pyare Mohan Bannerji had created a trust by his will and praying that an official trustee be appointed to be the trustee of the properties of the trust.
April 18.
147 of 1958.
He executed a will dated February 12, 1874, making various bequests, including the payment of certain amounts to the first respondent, Uttar para Hitakari Sabha.
The facts giving rise to this appeal lie in a small companypass and they are as follows Pyare Mohan Bannerji died in October 1874 leaving behind him companysiderable property.
9 of 1950.
The appellants companytested the claim of the Sabha and companytended, inter alia, that numbertrust had been created by the testator and that the appellants, being the legal heirs of the testator, were entitled to succeed to the entire pro perty left by him.
