Soumen Sen, J. - (1.) This is an application by some of the persons claiming to be the existing trustee of Shri Jetha Dhanji Trust. The matter had a chequered history. The applicant no. 1 along with other three persons of which it appears that applicant no. 3 is common earlier had applied for an originating summons. In the said proceeding the dispute was with regard to the administration of the estate of one Jetha Dhanji. Jetha Dhanji executed a Will prior to his death, by which he created a trust and also appears to have dedicated certain, at least a portion of his estate to the Mandir (temple) of Sree Radha Krishna Jee, subject to an interest in favour of the widow and daughter of the pre-deceased brother of the testator. Letters of Administration were granted with the copy of the Will annexed to the following five persons, namely Khatris/Vrajlal Khatau of Bombay; Khatri/Devchand Magji, Manager of the property of Bhagwan Shree Radhakrishnaji; Khatri Odhavji Danyalal; Khatri Girdharlal Vallabhji; and Khatri Shamji Govindji, all of Kutiyana, by the High Court of Judicature at Junagadh, by a judgment and order dated July 16, 1948. The Letters of Administration were directed to have effect throughout the Junagadh State only. The Administrators were also to undertake to administer the property and credits of the deceased and to make a full and true inventory of the said property and credits and exhibit the same to the court of the Munsif and Kutiya within six months from the date of the grant, or within such further time as the Court may, from time to time, appoint and also render to the court a true account thereof within one year from the same date or within such further time as the court say, from time to time, appoint. The Administrators were also directed to furnish two sureties to the administration in each case in the amount of the property for which the grant was to be made.
(2.) The said originating summons was dismissed by an order dated 27th August, 1997 after coming to a finding that the plaintiffs no. 2 to 5 have no right to represent the plaintiff no. 1 at all. The said order was affirmed by the Division Bench. It is significant to know that before the Hon'ble Division Bench certain certificates were said to be produced like the present one to establish that they have a locus to present the said application and claim administration of the said estate. It is also significant to mention that the certificate of the charity commissioner of Gujarat dated 6th January, 1966 was relied upon in both the earlier proceedings. The Administrator General was appointed to the estate on 3rd May, 1954.
(3.) It appears from the affidavit filed by the Administrator General that:- (i) Khettry Jetha Jee Dhanji, since deceased, was during his lifetime and at the time of his death a Hindu governed by the Mitakshara School of Hindu Law, died on or about the 19th day of August, 1913 in his native place within the State of Junagarh, which was then a Native State in Western India. He died possessed of various properties, both movable and immovable, within and outside the jurisdiction of this Hon'ble Court. The said deceased prior to his death, on or about the 6th day of December, 1912 executed and published a Will in Gujrati language, whereby he appointed the under-mentioned five persons as the executors and trustees of his last Will, who are as follows : (i) Kshetri Kalidas Hansraj (ii) Kshetri Bhowan Lalji (iii) Kshetri Praban Das Debji (iv) Bai Gomti Bai and (v) Kshetri Ballavji Narain. (ii) The said deceased expressly directed the executors to apply for Probate in the Hon'ble High Court at Calcutta.;