S.B. Sinha, J. - (1.) -This appeal is directed against an order passed by a Learned Single Judge of this Court in an execution proceeding arising out of Suit No. 579 of 1983.
(2.) The fact of the matter is as follows: On or about 4th June, 1977 a declaration of Will was made by A.C. Bhaktivedanta Swami Prabhupada (hereinafter referred to as Prabhupada), Clause 8 whereof is as follows: " Although the money which is my personal money in different banks is being spent for Iskcon and belongs to Iskcon, I have kept a few deposits specifically marked for allocating monthly allowance of Rs. 1,000/- each to the members of my former family ( 2 sons, 2 daughters and wife ). After the death of the members of my former family, these specific deposits (corpus interest and savings) will become the property of Iskcon for the corpus of the Trust and the decendants of my former family or any body claiming through them shall not be allowed any further money."
(3.) On or about 7th June, 1977 a declaration of intention was made by Prabhupada upon referring to the said Will dated 4th June, 1977 whereby he desired that Iskcon will deposit Rs. 1.20 Lakhs in several fixed deposits in the name of Iskcon for 7(seven) years in a Bank Account to cam interest @ Rs. 1,000/- per month under each receipt and out of the said sum of Rs. 1,000/- only Rs. 250/- per month shall be paid to each of the said relations from the interest of the respective fixed deposit receipts and the remaining interest of Rs. 750/- would be deposited against new deposits for 7 (seven) years.;