- (1.) This is an application under Section 49 of the Indian Trusts Act, 1882 read with Section 25 of the Administrators General Act, 1963. It has been filed by the shebaits and beneficiaries of the trust created by one Sagore Dutt by his last will and testament dated June 24th, 1886.
(2.) The prayers made in the application are the following : "a) Leave be granted to Administrator General of West Bengal to lease out the property being premises Nos. 18. Elliot Road and 45. Royd Street, both in Calcutta to respondent No. 2 on the terms as mentioned in Paragraphs 2 and 3 or at such terms at this Hon'ble Court may deem fit and proper. b) Ad-interim order in terms of prayer (a) c) Costs of an incidental to this application of the petitioners and also the Administrator General of West Bengal be come out of the Estate; d) Such further and/or other order or orders be made as this Hon'ble Court may deem fit and proper."
(3.) One Sagore Dutt by his last will dated June 24th, 1886 appointed the Administrator General of Bengal the executor and trustee of his such will. On November 29th, 1886 the will was proved, and probate was granted to the Administrator General. The properties owned by the testator at 10, Royd Street (subsequently renumbered as 15, Royd Street), and 18, Elliot Road were also to be administered by the Administrator General. The area of the land at the two premises is 9.93 cottahs (approximately), and there is a one storied building on it. The building is used for both commercial and residential purposes. From the year 1947 one Shri S. K. Nandy was enjoying the property by paying a monthly rent of Rs. 500/- (rupees five hundred only). In the year 1986 Shri Nandy irequested the Administrator General to transfer the tenancy in the name of his nephew, Shri Dilip Kumar Burman (the second respondent in the present application).;