Judgment

Mrs. Sujata V. Manohar, J.-On 21st of March, 1953, the Nizam of Hyderabad, Sir Mir Osman Ali Khan, executed a deed of trust under which he settled certain jewellery and other properties on trust for the benefit of Sahebzadi Oalia Kulsum, his grand daughter for life and thereafter for her children and their children for life etc. and ultimately for the maintenance of a holy shrine. On the same date, he also executed a deed of trust in favour of his daughter-in-law, Saheb­zadi Anwar Begum, the wife of second Prince Muazzam Jah. The terms of the two trust deeds are similar. For the sake of convenience, we are referring only to the trust deed executed in favour of Sahebzadi Oalia Kulsum.

2. Under the deed of trust, the settlor who was a Muslim, created a trust in respect of certain jewellery and ornaments and other proper­ties for the benefit of his grand daughter Oalia Kulsum who was given a right to wear the jewellery after her marriage or on completing the age of 30 years whichever was earlier. She was allowed to wear the jewellery and ornaments during her life time and after her death the trustees were directed to sell the ornaments and invest the sale proceeds, thus turning