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1. This summons was taken out by the plaintiffs for the determination of this question, namely, whether the trust created by the first plaintiff Isaac Nissim Silas can be revoked by the settlor with the consent of his wife and two sons who along with the settlor are stated to be the only beneficiaries.

2. This trust was created by Issac Nissim Silas the settlor by an Indenture of Trust dated 1-4-1931. The Official Trustee of Bengal has been made a trustee and the property was conveyed to the trustee to be held by him upon trust set out in the said indenture.

3. The trust was a family trust created for the benefit of the settlor and his wife, his sons and their children to be born. At the date of the trust the settlor's family consisted of his wife, and his three sons, Elias, Jacob and Nissim. The trust deed provides that the trustee after making provision for meeting the necessary expenses, namely, the payment of the rates and taxes of the Corporation and the costs of repair will pay the balance of the income to the settlor during his life time, thereafter to his wife thereafter to his three sons in equal shares. Disposition was made of the remainder in favour of the sons children that may be born and remain alive at a certain period subject to certain contingencies. After making provision for himself and his wife the settlor sets out the trust in favour of the sons and their children on the following terms :

7. In the trust deed if we leave out of account the grand-children then the only beneficiaries are the settlor, his wife and his three sons of whom one, namely, Nissim is dead. All these people -- the settlor, his wife and his two sons are the plaintiffs in the suit and are consenting to the revocation of the trust created by the settlor. Under Section 78 of the Indian Trusts Act therefore the settlor is entitled to revoke the trust with the concurrence of the beneficiaries. I hold that the only beneficiaries under the trust is the settlor himself, his wife and his two sons and they having agreed to the revocation of the trust, there is no difficulty on the part of the settlor to revoke this trust.

9. In the result I hold that the settlor is entitled to revoke the trust on his giving an undertaking not to sell the property to anybody before offering the same to Manasseh Sino Linyado if he is alive. The answers, therefore, that I propose to give to the question raised in the summons are as follows:

(a) Whether or not the trusts created by an Indenture of Trust dated 1-4-1931 are revocable by consent of all the plaintiffs as aforesaid -- Yes.
(b) whether or not a declaration should be made that the said trust has been revoked? The answer is 'yes'. But this decree should be registered in order that the revocation may be effective.