JUDGMENT

SHAH J.-Under a deed of trust dated April 4, 1936, certain properties described in schedules A, B and C were settled by one Jalakhabai for purposes mentioned therein, and trustees were appointed to administer ihe trust. Clauses 5, 12, 13(a) and 13(b) of the deed of trust provided :

"(5) Hereafter, all the properties comprised in the A, B, C schedules and future acquisitions of properties in the name of the said charity fund shall be administered and their income to be utilised by the trustees appointed hereunder as per the provisions contained in this deed.

(12) From the incomes realised from B and C schedule properties, the amount should be spent in the first instance, for ihe maintenance and improvements of such property, for payment of land revenue pattam, municipal tax, etc., for purchase of account-books, stationery, salary, printing charges, etc., and the remaining shall be divided into 4 equal parts and expended in the manner hereinafter described.

(13) (a) One share of the 4 parts referred to above should be utilised for effecting improvement to any of the existing buildings and for putting up new buildings for being let out on rent.

(13) (b) There are now 3 equal p