Calcutta High Court
Basant Kumar More & Ors vs Metro Promoter Pvt. Ltd on 5 August, 2008
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
CSOS No. 117 of 2008
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
BASANT KUMAR MORE & ORS.
Versus
METRO PROMOTER PVT. LTD.
Appearance
Mr. Ranjan Bachawat, Advocate
Mr. Sayantan Bose, Advocate
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 5th August, 2008.
The Court : The circumstances in which the questions arise in this originating summons suit are as follows:-
i. The settlor was desirous of making provision for his three minor children by his second marriage.
ii. After the creation of the trust, the fourth child was born consequent whereupon an earlier originating summons suit was filed in which the Court held that the trust was also for the benefit of the fourth child. iii. All the four beneficiaries have attained majority and it is evident from the deed that the trust properties were to be distributed among the beneficiaries in equal shares upon their attaining majority.
It is submitted that all the trustees are dead and there is no impediment, either by reason of the terms of the deed of trust or on account of any legal embargo, for the distribution to be made. It is also apparent that the 2 purpose of the trust has come to an end. In such circumstances, questions (a) and (b) raised in paragraph 24 of the plaint are answered accordingly.
Question (c) is not answered as such the question does not arise in the context of the trust and does not require any interpretation of the deed of trust.
The originating summons suit no. 117 of 2008 is disposed of on the above basis. The applicants will pay costs assessed at 500 GMs to the State Legal Services Authority.
It is recorded that the defendant was neither a necessary nor a proper party to the action and this order will have no effect on the defendant and the only questions decided are as to the trust involving the four plaintiffs.
Urgent certified photostat copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) sg.