- (1.) Challenge is to the order no.115 dated March 15, 2010 passed by the learned District Judge, Alipore by rejecting the application dated November 5, 2009 filed by the petitioner, Smt. Sukti Sanyal in connection with O.S. No.146 of 2002.
(2.) Since the two applications have arisen out of the same order and common question is involved in the two applications, the two applications have been heard together and these are disposed of by this common judgment. For convenience, I am now discussing the application bearing C.O. No.1247 of 2010.
(3.) The trust properties of Biren Roy Trust are the subject matters in the application. Late Biren Roy was the sole trustee in respect of the properties by a deed of trust dated January 6, 1965 up to January 21, 1993. As per terms and conditions of the trust, Smt. Meghamala Roy would be the next sole trustee with full powers and authorities including the authority of appointing or nominating a trustee. Thereafter, Smt. Meghamala Roy (since deceased) appointed the petitioner as the sole executrix of a Will executed by Smt. Meghamala Roy in respect of property of the trust. The petitioner filed a probate case. It was being contested and as such the said probate case was converted into O.S. No.146 of 2002 and the said suit is being contested by the defendants. The executrix of the Will was to perform the duties of maintenance, management and protection of the trust properties as per Section 247 of the Indian Succession Act. Since the said trust being a public charitable trust, the then official trustee decided in July, 2002 that all charities, appointments, expenses, etc. should be first approved by the different trustee before disbursement and such procedure was also followed by the subsequent two official trustees, namely, Sri Radhey Shyam Dutta and Sri M. M. Banerjee. The executrix, that is, the petitioner had to expend money for proceeding with the probate case, subsequently, renumbered as O.S. Case and several other litigations and for that reason the executrix had to expend certain money. She had to pay fees for the advocates in different suits/cases. The bills submitted by the executrix were approved by the official trustee but the present official trustee on taking charge of office had arbitrarily stopped reimbursement of legal expenses incurred with regard to the Biren Roy Trust. The petitioner paid such expenses, she is entitled to get reimbursement of the same. The petitioner filed an application dated November 5, 2009 before the learned District Judge praying for reimbursement of the legal expenses and that application was rejected by the impugned order. Being aggrieved, this application was been preferred.;