- (1.) The principal matter is under Sections 25 and 29 of the Official Trustees Act, 1913. The first of the two sections empowers the High Court to make such orders as it thinks fit in respect of any trust property vested in the official trustee, or the interest or produce thereof. The other section, inter alia, permits the official trustee to transfer any property vested in him to any person if so directed by the court. The first petitioner claims to be a beneficiary under two trusts of 1912 and 1930. The second petitioner is the secretary of the first petitioner school. The official trustee is the sole trustee of the trust.
(2.) By a deed of conveyance executed in 1938 the official trustee, as the sole trustee of the relevant trust, purchase land measuring 76 bigha and 17 cottah, commonly known as the Ezra Arakie Park in Ariadaha, in what is now on the northern fringes of the city. In 1950 the official trustee demised a part of such land measuring about 40-bigha in favour of one BM Singh and Sons, a Hindu undivided family, for a period of 51 years. The indenture of lease of June 2, 1950 reserved a monthly rent of Rs.500/- for the entire duration of the lease. The lessee was to pay the owner's and occupier's shares of municipal rates and taxes.
(3.) The lessee was entitled to erect buildings and other structures and set up plant and machinery thereat and the lessee had the right, after the expiry of the lease, to remove the buildings and structures which had been erected and the machinery and accessories brought on the land. The lessee was given the right to sub-let or sub-lease the demised premises or any part thereof with the consent in writing of the lessor which consent would not be unreasonably withheld. The lessee was permitted to mortgage or charge the right, title and interest under the lease but continue to be liable for due payment of the rent. The lessee also had the right to assign the lease with the previous consent of the lessor but the consent was not to be unreasonably withheld.;