Nishita Mhatre, J. - (1.) THE present appeal is directed against the decision of the Chief Judge, City Civil Court, Calcutta dated 20th November, 2013 by which the application filed under Section 307 of the Indian Succession Act by the appellant has been rejected.
(2.) ONE Satyendra Nath Nandi executed a will on 20th June, 2006. His son -in -law Sankar Nath Roy, the appellant herein, was appointed as the Executor of the will. He directed that his property in Puducherry would vest in the S. S. Nandi Foundation Trust which he created and that the income from that property would also be enjoyed by the Trust. A trust was also created by the testator Satyendra Nath Nandi appointing himself as the First Trustee and on his death Sankar Nath Roy and any of his sons would be the trustees. The Trust properties would vest in them for ensuring that the objects of the trust were followed. The objects of the trust as mentioned in the trust deed which was annexed to the application filed under Section 307 of the Indian Succession Act are to set up homes for children and elderly persons and to establish institution for imparting education and health care for deserving children on such terms and conditions as the trustees may consider expedient. One of the other objects of the trust was to arrange for shelter and food for deserving persons and to maintain an establishment conduced of the welfare of the needy. Both the beneficiaries as well as the trustee being the appellant who was also the executor of Satyendra Nath Nandi's will founded expedient to sell the property especially since it was rented and the tenants were in possession had stopped paying the rent since September, 2011. Satyendra Nath Nandi expired on 24th December, 2009 and an application for probate of the will was made before the City Civil Court, Calcutta. The City Civil Court granted the probate of this will on 31st January, 2011.
(3.) AN application was filed by the appellant in the year 2012 under Section 307 of the Indian Succession Act for permission to sell the property situated in Puducherry being 2, Amborsalai at the crossing of North Boulevard, Ward -C, Block -17, Survey -47, Re -survey -239 PT, Patta No.2488 having a total area of 132 square meters equal to 1421 square feet.;