Calcutta High Court
ATA-1-2018 on 7 May, 2018
Author: Soumen Sen
Bench: Soumen Sen
ORDER
ATA No. 1 of 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
SULOCHANA DEVI DEORA & ORS.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 7th May 2018.
Appearance:
Mr. Sakya Sen, Advocate Mr. R. L. Mitra, Advocate Mr. Nirmalya Dasgupta, Advocate.
The clauses in the trust deed seem to be ambiguous. Mr. Sakya Sen, learned counsel representing the petitioners submits that the trust deed was executed after the death of the first wife of the settlor. However, in the trust deed, there are few clauses which show that at the time of creation of the trust, the first wife of the settlor was both alive and dead. This creates confusion. Moreover, it appears from the trust deed that one Sabitri Kanya Pathshala would be the beneficiary under the trust deed. The object of the trust amongst others was to provide education for women from the Marwari community. The purpose for which the trust was created has not been extinguished. Under such circumstances, this court is unable to come to a finding that dissolution of the trust has taken place.
This application accordingly fails. However, there shall be no order as to costs.
This order shall not prevent the petitioners from taking appropriate steps in accordance with law.
(SOUMEN SEN, J.) S. Kumar