Calcutta High Court
Re : Trust Estate Of Harimati Dey vs Smt. Purabi Dey & Anr on 26 June, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
OD-2
ATA 2 of 2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
RE : TRUST ESTATE OF HARIMATI DEY
Versus
SMT. PURABI DEY & ANR.
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 18th June, 2019.
Appearance:
Mr.Gaurav Purkayastha, Adv.
Mr. Soumajit Ghosal, Adv.
...for the petitioners.
The Court : This is an application under Section 34 of the Indian Trusts Act, 1882 by the two trustees of the trust created by the settlor, namely, Harimati Dey, since deceased. The deed of trust dated May 22, 1984 executed by the said settlor has been disclosed by the applicants.
The applicants claiming themselves to be the sole surviving trustees of the trust created by the settlor seek leave of this Court to transfer the trust property situate at premises no.48/1B, Ramtanu Bose Lane, Kolkata - 700 006.
The grounds urged by the petitioners in respect of their prayer in this application are that although both of them are the surviving trustees of the said trust but due to lack of fund the trust property has fallen into disrepair and presently the trust property is in dilapidated condition. The petitioner no.1 claims to be of advanced age and she presently afflicted with various old age related maladies. The petitioner no.2 trustee is the married daughter of the petitioner no.1 who is presently residing with her husband at Gwalior. Thus, even otherwise none of the petitioners is able to maintain the trust property.
In the supplementary affidavit filed before this Court today the petitioners have substantiated that the petitioner no.2 is presently residing at Gwalior.
The petitioners have also caused issuance of a notice being published in the newspapers inviting objection of any party whosoever to the sale of the trust property. Such advertisement has not evoked any response to the person whosoever and raising objection to the assertion of the petitioners to be the sole surviving trustees of the trust or their ... to sell their trust property situate at premises no.48/1B, Ramtanu Bose Lane, Kolkata
- 700 006.
Considering the materials on record, I am inclined to allow the prayer of the petitioners. Accordingly, the petitioners are directed to issue a notice once in a Bengali newspaper 'Aajkal' and once in an English newspaper 'The Telegraph' inviting offers towards sale of the property situate at premises no.48/1B, Ramtanu Bose Lane, Kolkata - 700 006.
Let this application appear in the list, under the same heading, on August 5, 2019 when the petitioners shall place the offers received by them in response to the notice published in the newspaper.
(ASHIS KUMAR CHAKRABORTY, J.) s. pal