executed by Raja Bishwanath We have heard counsel for
the appellants on two out of the several contentions raised
by him-(1) that ... that possession of the property was not
delivered to the trustees within six months of the date of
execution of the deed of trust
payable to those whose land was acquired. The Board of
Trustees framed two schemes for improvement of the town of
Madras and in pursuance ... lands were acquired under the Land
Acquisition Act .
The Board of Trustees framed two schemes for improvement ,of
the town of Madras-"the Mandavalli
justification. In Prestonji Ardeshir Wadia 's case (2) two
trustees of a Trust served a notice in October 1933 upon the
Government of Bombay ... lodged in Court, and two more trustees were appointed in the
place of the deceased trustee. Thereafter the two new
trustees and the surviving trustee
Attorney-General to intervenue and to inform "the
Court if the trustees of a charitable trust fall short of
their duty ... Baddeley and others (Trustees of the Newtown Trust) v.
Commissioners of Inland Revenue(") certain properties were
conveyed to trustees by two conveyances
trustee being of unsound mind-,
(b) his suffering from any physical or
mental defect or infirmity which renders him
unfit to be a trustee ... institution to remove the trustee.
Grounds (a), (b), (c), (d) and (h) are grounds of personal
infirmity of the trustee; grounds
hitherto treat himself and be treated by
others as a legal Trustee of the said institutions and the
properties out of the income of which ... from the aggregate of these two
amounts after deducting 15% as trustee's remuneration, the
balance of the income estimated
karta. The Court cannot
attribute two different meanings to a single expression in
its application to two different situations contemplated by
a single clause ... being
the amount spent by the trustees was
includible in law?"
The High Court answered the two questions in favour of the
assessee. Appeal
income, kept the profits joint and later divided them between the two lessees according to their respective area. In the proceeding, for assessment ... owner, trustee, receiver, manager, administrator or executor or in any other capacity recognised by law.
5. In reaching the conclusion that the two lessees were
Court to take steps to appoint another Manager, out of the remaining trustees. For giving effect to the last direction, the High Court ordered that ... order dated October 14, 1955 consisted ol two parts, the first part relating to the appointment of trustees was an order by consent
already referred it is now
established that before the Act can apply two
(1) petition No. 405 of 1955--decided on December ... situated in the State of Bihar. Since
the first of these two conditions is not
satisfied in the present case the Act cannot
apply
