- (1.) The originating summon has been taken out by the Sm. Pramila Saharia for determination of following questions and matters: - a) Whether in terms of the Deed of Settlement a female heir and/or member of the family of the Settlor is eligible and competent to become a trustee of the trust. b) Whether the plaintiff is an heir of the Settlor and/or a member of his family. c) Whether in terms of the provisions of the Deed of Settlement the plaintiff is qualified to be appointed as trustee of the trust. d) Whether the Board of Trustees of the trust should consist of minimum three trustees for lawful functioning and administration of the said trust. e) Whether the defendants would be directed by the Hon'ble Court to appoint the plaintiff as a trustee for proper constitution of the Board of Trustees with a minimum number of three trustees and if so, the defendants be directed to do so.
(2.) By and under a Deed of Settlement dated 28th May, 1960, one Ram Gopal Saharia as the Settlor had created a trust whereby he and his son Rameshwar Lal Saharia and his wife Sm. Sarda Debi Saharia along with Chouthmal Saraf were appointed as the initial trustees. The trustees were changed from time to time either on the death of one of the trustees or of circumstances giving right to the existing trustees to fill up the vacancy and/or to appoint a new trustee.
(3.) The applicant is the daughter-in-law of Ram Gopal Saharia. She has filed this application by way of originating summons for determination of the aforesaid questions.;