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Showing contexts for: surviving trustee in M/S Masihi Sahitya Sanstha vs Mr. Nikhil Sen. (Claimed Trustee Of ... on 16 July, 2025Matching Fragments
9. I have heard learned counsel appearing on behalf of the parties and also have perused the record.
10. The facts of the case disclose that the plaintiff-society was inducted as a tenant in the suit premises in the year 1956. One Mr. Rai Bahadur Gyan Chand Khanna, having acquired the said property as a perpetual lessee vide a lease deed dated 02.07.1938, created the Trust through the Trust Deed for the benefit of his wife, Mrs. Vidyawati Khanna, their sons, daughters, AIR 2000 SC 1099 Signed By:PRIYA Signed Signing Date:17.07.2025 By:PURUSHAINDRA 16:12:51 13 KUMAR KAURAV sisters, and, subsequent to his demise, their further siblings, all designated as beneficiaries. The Trust income was to be distributed amongst the beneficiaries in specified proportions, with the suit property designated to be held in perpetuity for the benefit of the trustees and beneficiaries. By a Deed of Variation dated 08.10.1956, the original Trust Deed was modified, substituting Clause 13 to provide that the Trust would operate in perpetuity, vesting the sole discretion to sell the Trust property in the surviving trustee, Mrs. Vidyawati Khanna. While further modifications to the Deed of Variation appear to have been made, such aspects, at this stage, may not bear significant relevance to the present proceedings.