- (1.) THIS peti tion under Article 226 of the Constitution prays that the order passed by the Re serve Bank of India on 6th December. 1971, be quashed and the State Bank of India, Allahabad, be directed to pay the amounts and securities in question to the petitioner.
(2.) MR . George Justin O'Brian, a British national resident in India, made a will on 26th December, 1926, of his properties in India. Under this will his properties were made the subject of a trust with directions for its appropriation by the executors and trustees. The in come from the funds and the properties were to go to the two sisters of the testa tor for their life and thereafter to his brother and after his death to his bro ther's wife. It was arranged in this docu ment that after the death of the aforesaid four persons the property will be divided between the children of his brothers, William and Henry, in stated proportions. One of the daughters of William, Miss Elfeeda O'Brian, later on married and became Mrs. E. A. Clarke. She was a per manent resident of Brisbane, Australia. In 1965 Mrs. Clarke addressed a letter to the Agent of the State Bank of India, Allahabad, to deliver the assets of the estate of George Justin O'Brian in possession of the Bank to her after com plying with the Exchange Control Regu lations. The State Bank addressed a query to the Reserve Bank of India asking its advice in the matter. It appears that the Reserve Bank wanted proof that all the other children of William and Henry had died with the result that Mrs. Clarke had become the sole beneficiary. Mrs. Clarke, however, did not furnish the requisite proof, but on 17th June, 1969, addressed a letter to the Agent, State Bank of India, Allahabad, directing him to pay the amount of the estate to Sri G. E. King, 4 Queen's Road, Allahabad, as her agent to receive the money. On this the State Bank appears to have referred the matter again to the Reserve Bank of India.
(3.) MEANWHILE on 7th August, 1969, Mrs. Clarke executed a deed of gift giv ing to Sri George Elwin King, the pre sent petitioner, all the estate of George Justin O'Brian, of which she claimed to be the sole beneficiary. Sri King lodged the deed of gift with the State Bank of India and asked for the money and secu rities being paid to him.;