ASHIM KUMAR BANERJEE, J. - (1.) This appeal would relate to interpretation of a clause in the Deed of Trust. Pramila Saharia is the daughter -in -law of Late Ram Gopal Saharia who executed a Deed of Trust in 1960. The relevant clauses that would come up for consideration are quoted below: "20. The continuing Trustees may act notwithstanding any vacancy in their body provided, however, that if the number of the Trustees shall fall below the minimum fixed in clause 23 hereof the Trustees shall not except for the purpose of filling any vacancy act so long as the number in below the said minimum. 23. The number of Trustees shall not be more than 7(seven) and less than (three). Two Trustees present at a meeting shall form a quorum for any meeting of the Trustees. 31. A person shall cease to be a Trustee in any of the following events : - (A) If he dies, or (B) If he without leave of absence does not attend any meeting of the Trustees for one calendar year, or absents for three meetings consecutively whichever is later or (C) If he becomes bankrupt; or (D) If he becomes insane or otherwise becomes incapable to act, or (E) If he resign his office, or. Provided, however, the disqualification mentioned in clause (B) shall not apply to the said Sri Ramgopal Saharia and to the members of the family of the Settlor who for the time being shall be the Trustee under the presents. 32. In case of any vacancy in the Board of Trustees, the same shall be filled up by the remain trustees provided, however, that at least two of them shall be from among the members of the family of the Settlor as laid down in the next clause. On the death or retirement of the Settlor trustee, his eldest son if not objected to by three -fourth of the remaining Trustees shall become a Trustee and in such event, the new Trustee so coming in shall have the rights and privileges of the Settlor Trustee. 33. As amongst the members of the family of the Settlor to be chosen as Trustees the male shall have preference over the females, the senior in age will have preference over the junior in age and when a female is appointed as Trustee shall act as such only until there is no competent male member to act as a Trustee when she will automatically cease to be a Trustee and the Trustees will appoint such male member as Trustee in her place".
(2.) Initially, Ram Gopal Saharia was the founder trustee with his wife and son. In 1963 since Ramesh Saharia expired in his place Lokenath Khemani was appointed as trustee who was an outsider to the family.
(3.) By a further resolution dated January 8, 1969 three trustees, namely, Ram Gopal Saharia, Choutmal and Lokenath held a meeting and asked Sarda Debi Saharia, the second wife of Ram Gopal Saharia, to vacate her post as a trustee to accommodate Krishna Kumar Saharia.;