NAWAB KAZIM NAWAZ JUNG Vs. H E H NAWAB MIR BARKAT ALI KHAN BAHADUR

JUDGEMENT

(1.) This Revision petition is filed against the order dt. 31-12-1981 passed by the learned Chief Judge, City Civil Court, Hyderabad dismissing O. P. No. 121/1981 filed by the petitioners herein under Section 34 of the Indian Trusts Act requesting the said Court for its opinion and advice on the question whether H. E. H. the Nizam's Dependants and Khanazads Trust can be dissolved in the manner suggested by the beneficiaries thereunder, under Section 56 of the Indian Trusts Act.

(2.) The material facts giving rise to the above Revision Petition, not in controversy, lie in a narrow compass and may be briefly stated : Late H. E. H. the Nizam created a Trust known as H. E. H. the Nizam's Dependants and Khanazads Trust by an indenture of Trust dated 12th August, 1957. Under the said Trust, late Nizam constituted himself and Nawab Zain Yar Jung Bahadur and Shavaz Ardeshirlal, as the first Trustees of the said Trust. While Nizam & Nawab Zain Yar Jung Bahadur since died and Shavaz Arideshirlal since retired from Trust, the petitioners and one Nawab Prince Muffakham Jah Bahadur, appointed from time to time as trustees, are the present Trustees of the said Trust. A sum of Rs. 85,01,650/- invested in shares and securities was the corpus of the Trust. On or about 12-6-1961 another sum of Rs. 23.5 lakhs also invested in shares and securities, was earmarked by the late Nizam for the benefit of the Khanazads not covered by the earlier deed of Trust dated 12-8-1957. The said Parole Trust formed part and parcel of the original Trust as held by a Division Bench of this Court in C. I. T. vs. Nizam's Dependants & Khanazads Trust. The relevant clauses of the deed of Trust dated 12-8-1957 may be usefully extracted. XX XX XX (Extract of the clauses of the deed of Trust OmittedEditor)

(3.) It may be noted that the trustees are charged with duties of (a) managing the Trust. Fund (b) payment of specified amounts to the beneficiaries every month during their respective lives, (c) instead of payment, applying the said amounts towards their maintenance and (d) payment of the amounts on the death of any of the beneficiaries to the husband or the wife of such beneficiary and on the death or re-marriage of the wife or husband of such beneficiary payment to the child or children of such beneficiary who shall be in existence on the date of the deed of Trust and who shall be surviving such beneficiary.