- (1.)We have to construe a deed the purport of which may be briefly summarised thus. There were three brothers, Vasta, Kalidas and Narsi, sons of Kallianji. They were the principal parties to the deed which was executed on the 8th September 1887. The deed provides that the property of the brothers, which is described as joint family property, is divided into three separate lots, one for each brother. There is also a house for residence and some provision for charity, but that is immaterial for the present purpose. The whole property is vested in four trustees out of whom the brothers are three. The object of the trust is thus described: And whereas the said three brothers, Vasta Kallianji, Kalidas Kallianji and Narsi Kallianji, are desirous of apportioning all and singular the said immoveable properties, all of which are of the estimated value of Rs. 64,392, for the benefit and use of themselves jointly during their joint lives, and afterwards for the benefit and use of the survivor of them and of the family or families of such of them as may have predeceased and after the decease of the last survivor of them for the benefit and use of the respective families of each of the said three brothers in manner hereinafter appearing and for certain charitable purposes.
(2.)Then one of the lots which are entered in detail in Schedules A, B and C, is recited to have been allotted to Vasta, another to Kalidas and the third to Narsi. The operative part contains certain provisions as to residence and charity. Then comes this provision: The said trustees shall hold and stand possessed as regards the several hereditaments and premises described in Schedules A, B and C hereunder written upon trust to recover, receive, collect and take the rents and profits thereof and pay the same after defraying all outgoings to them the said Vasta Kallianji, Kalidas Kallianji and Narsi Kallianji jointly for the use of themselves and their respective families during the joint lives of them all.
(3.)Next comes the provision for what is to be done after the death of any one of the three who may die first. Broadly speaking, each of the two surviving brothers is to be paid separately the rents and profits of his lot so long as he lives, and elaborate and special provision is made as to what the trustees are to do with the profits of the lot of the brother who dies first. There is no provision for what is to happen as regards the lot of the brother who next dies, when he dies; and similarly when the third brother dies. The specific trust continues in regard to the lot of the brother who dies first, but there is no specific trust in regard to the lots of the brothers who die second and third, after the death of each; though there may be a resulting trust.