DIPAK KUMAR SEN, J. - (1.) HARENDRA Kumar Roy Chowdhury executed a deed on 3rd Sept., 1930, and conveyed properties mentioned in the deed including the goodwill of a running business himself to be held upon the following trusts : (a) Out of the income of the properties, worship of the family deities of the settlor and the periodical religious festivals would be carried on by the trustee;(b) An educational institution at Baliati known as Iswar Chandra H. E. School and a hostel of the said school would be maintained out of such income: (c) Rs. 500 would be spent out of such income, every year on charity left to the discretion of the trustees. The settlor as long as he continued as the trustee would, however, be at liberty to spend up to Rs. 20,000 and his son, Ganendra Kumar, when he would act as the trustee would be at liberty to spend up to Rs. 1,000 per year on charity ; (d) Expenses on pilgrimage for the members of the family of the settlor would be paid out of the income of the trust properties at the discretion of the trustees ; (e) The cost of maintenance and medical attendance and treatment of the settlor, his sons, his grandsons and members of their respective families including marriage, "annaprasan", "sradh" and other social ceremonies would be paid out of the income of the trust properties in a scale as the trustee in his discretion may think proper ; (f) Suitable accommodation for the wife and the daughters of the settlor would be provided for by the trustee; (g) Rs. 25 per month would be paid for maintenance of Brojobala, a daughter of the settlor, and Nalini Bala, widow of a predeceased son by the trustee out of the income of the trust estate.
(2.) THE deed further provided that the trust would continue for a period of twenty-five years from the date of execution and thereafter would terminate. After termination of the trust, the trust properties would devolve in the following manner: (a) The properties would devolve on the settlor and in the event the settlor being dead, it would devolve on his sons, grandsons and great grandsons as follows: (i) One-half share of the said property shall devolve absolutely upon Ganendra Kumar, the son of the settlor, and in the event of his death, such one-half share would devolve on the heirs of Ganendra Kumar. The balance one-half share would devolve respectively on the two grandsons of the settlor being Purnendu Kumar and Krishna Kumar, both sons of a predeceased son of the settlor in equal shares or to their son or sons in case of their death at the relevant time. Provisions were also made in case they left no surviving son.
(3.) THE deed further provided that till his death or retirement, the settlor would be the sole trustee of the trust during the term of the trust. After the death or retirement of the settlor, his son, Ganendra Kumar, would be the sole trustee till his death or retirement when the latter's sons, Gunendra Kumar and Subodh Kumar, would become the trustees along with Krishna Kumar, another grandson of the settlor by a predeceased son, when the latter attained 25 years of age.;