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The contention on behalf of Sir Fazalbhoy Currimbhoy that a resulting trust follows the revocation and extinction of the trust created by the Baronetcy Act rests on the provisions of section 83 of the Indian Trusts Act. Section 83 provides:-

"83. Where a trust is incapable of being executed, or where the trust is completely executed without exhausting the trust-property, the trustee, in the absence of a direction to the contrary, must hold the trust-property, or so much thereof as is unexhausted, for the benefit of the author of the trust or his legal representative."

The object in enacting sub-s. (4) of s. 7 of the Repealing Act is apparent. The Fourth Baronet had been declared an evacuee. His interest in the trust properties under the Baronetcy Act had been declared evacuee property under the Administration of Evacuee Property Act, 1950. With the repeal of the Baronetcy Act and the revocation and extinction of the trust, that interest came to an end and the declaration ceased to have effect. The Legislature presumed that when the Official Trustee took proceedings for the distribution of the trust properties under s. 7 of the Repealing Act, the Fourth Baronet would be found entitled to the trust properties or part thereof. He had already been declared an evacuee, and consistently with the earlier declaration vesting his interest in the trust properties as evacuee property in the Custodian-now lapsed in consequence of the Repealing Act-the Legislature intended that the trust properties falling in full ownership to the Fourth Baronet on repeal, should likewise be vested in the Custodian. That could not be accomplished by a declaration under the Administration of Evacuee Property Act, 1950, in view of s. 7A thereof which prohibited such a declaration after May 7, 1954. The result could be accomplished under some other law, and sub. s. (4) of s. 7 was included in the Repealing Act to make provision accordingly. The trust properties were evacuee property because they belonged to an evacuee, and by the operative clause in sub-s. (4) of s. 7, they were vested in the Custodian. The law relating to evacuee property was applied to the right, title and interest of the evacuee in the trust properties, even as they applied to any other evacuee property under that law. The terms in which the law relating to evacuee property has been applied to the trust properties fully confirms the conclusion that the trust properties falling to the Fourth Baronet were to be treated at par with evacuee property generally.